Constitutional Law: Protection of Individual Rights: Substantive Due Process

• Substantive Due Process – deals with economic regulations and fundamental rights. Whether the government has adequate reason for taking away a person’s life, liberty or property interest.

• Economic regulation: Constitution provides only minimal protection for economic liberties. The government usually wins in these disputes. Under SDP, economic regulations are subject to rational basis review. To be upheld, the economic regulation need only be reasonably related to a legitimate government interest--- any type of economic regulation will have a legitimate purpose.
• Rational Basis Review used and government wins when:
• Due Process challenge to minimum wage law
• Due Process challenge to practice profession
• Due Process challenge to consumer protection law

• Fundamental Rights: Right to privacy, travel, and vote are fundamental rights protected under substantive due process. Strict scrutiny is used. The regulation must be necessary to achieve a compelling government interest. (CAMPERS)