Who said that?
No State shall... deprive any person of life, liberty, or property, without due process of law
What is the 14th Amendment?
The right to privacy was found in penumbras - and they swear not under substantive due process - in this case.
What is Griswold v. Connecticut?
The constitutional right to abortion was ended in Dobbs v. Jackson Women’s Health Organization in this decade.
What is the 2020s?
"At the time of Reconstruction, the terms 'privileges' and 'immunities' had an established meaning as synonyms for 'rights'" said Justice Clarence Thomas, arguing that this may be the appropriate place for some substantive due process rights in the Constitution.
What is the Privileges or Immunities Clause?
"Classical natural law theory has long assigned normative as well as positivist content to the definition of “law.” To fall within the meaning of “law” in the classical view, a legislative or other governmental act required more than mere positivist compliance with the rule of recognition; it also needed to be just."
BYU law Professor Gedicks argues that the due process clause in this constitutional amendment contains a substantive component using an originalist interpretation.
What is the 5th Amendment?
“If I thought that ‘substantive due process' were a constitutional right rather than an oxymoron, I would think it violated by [this].”
Who is Justice Antonin Scalia?
This case - the most famous substantive due process case from our state - found a substantive due process right of a parent to educate a young child in a foreign language.
What is Meyer v. Nebraska?
In Loving v. Virginia, decided in this decade, the court unanimously ended Virginia's anti-miscegenation laws, both under the Equal Protection Clause and under substantive due process.
What is the 1960s?
Current Ohio Supreme Court Judge Patrick Fischer, who belongs to this political party, described substantive due process as "an improper shortcut that steals power from the people and gives it to judges."
What is the Republican party?
"But the original meaning of the Clause is not as clear as they suggest—and not nearly as clear as it would need to be to dislodge 137 years of precedent" said Justice John Paul Stevens, referring to this constitutional provision.
What is the Privileges or Immunities Clause?
“The notion that a constitutional provision that guarantees only process before a person is deprived of life, liberty, or property could define the substance of those rights strains credulity for even the most casual user of words.”
Who is Justice Clarence Thomas?
This case was overturned when the Supreme Court decided Lawrence v. Texas in 2003.
What is Bowers v. Hardwick?
In Obergefell v. Hodges, which was decided in this decade, Justice Kennedy wrote: "As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death... Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right."
What is the 2010s?
The 14th Amendment is missing this word from the phrase "substantive due process".
What is substantive?
This ancient "Great Charter" document contains the roots of due process of law.
What is the Magna Carta?
Substantive due process is "a momentous sham."
Who is Robert Bork?
This case signaled the end of the Lochner era.
What is West Coast Hotel Co. v. Parrish?
A form of substantive due process was first recognized in the infamous Dred Scott case, in form of a right to property, in this decade.
What is the 1850s?
This Supreme Court Justice had serious "misgivings about substantive due process as an original matter" and stated that they had “acquiesced in the Court's incorporation of certain guarantees in the Bill of Rights "because it is both long established and narrowly limited."
Who is Justice Antonin Scalia?
“For the very reason that it has so long remained a clean slate, a revitalized Privileges or Immunities Clause holds special hazards for judges who are mindful that their proper task is not to write their personal views of appropriate public policy into the Constitution" said this Supreme Court Justice in their dissenting opinion in McDonald v. City of Chicago, Ill.
Who is Justice John Paul Stevens?
Is [substantive due process] the opposite of procedural substance?
Who is Professor Duncan?
This was the first case to invalidate a state government economic regulation under the due process clause.
What is Allgeyer v. Louisiana?
In this decade, Washington v. Glucksberg held that substantive due process liberty "protects those fundamental rights and liberties which are... deeply rooted in this Nation's history and tradition."
What is the 1990s?
John Hart Ely used this footnote to argue a liberal theory of representation-reinforcing judicial review that endorsed decisions protecting certain rights— voting, speech, and equal protection, specifically Brown v. Board of Education—and repudiated decisions protecting other rights—specifically substantive due process.
What is Carolene Products footnote 4?
These Supreme Court Justices are quoted below (I will accept naming either): Upon closer inspection, the text of the 14th Amendment can be read to “impos[e] nothing less than an obligation to give substantive content to the words ‘liberty’ and ‘due process of law,’” lest superficially fair procedures be permitted to “destroy the enjoyment” of life, liberty, and property, and the Clause's prepositional modifier be permitted to swallow its primary command.
Who is Justice David Souter?
or
Who is Justice John Marshall Harlan II?