Constitutional Law: Protection of Individual Rights: Substantive Due Process vs Equal Protection

  • Equal Protection

Equal Protection Analysis

Substantive Due Process Analysis

Apply when law effects some persons

-- situations where persons similarly situated are being treated differently.

-- Applicable to the states through the 14th A.

-- Applicable to the federal government through the 5th Amendment Due Process Clause.

Apply where a law effects all persons

  • Equal protection cl. Of 14th Amendment applies only to state and local government.
  • Equal protection is applied to the federal government through the 5th amendment’s due process clause.