Examples Of Substantive Due Process

substantive due process substantive due process refers to a requirement that laws and regulations be related to a legitimate government interest such as crime prevention and they not contain provisions that are results in the unfair or arbitrary treatment of an individual the first section here is that the government must have some sort of interest and not only some interest but some sort of legitimate interest they have to in some way say that this is something that the government should be involved in and then secondly the law itself cannot have provisions the results in unfair or arbitrary treatment of an individual so you can't discriminate you can make things unfair for a certain party that wouldn't be fair for another or you can't treat …show more content…
another case of which many are familiar with this case is roe v wade this is in and this particular case dealt with whether or not this part of the case that I wanted to look at it's a long decision and it held make very many things but this particular section the case that I want to look at dealt with the fetuses right to life not necessarily does the woman have the right to the abortion but does the fetus have a right to life remember we were talking about not depriving individuals of their life liberty or property well it would seem like depriving and fetus of the right to life may be something that we would look at here as requiring this this type of substantive due process and the court looked at this and they said you know here's the problem the law the law specifically says all persons born or naturalized in the United States see that we're born there this particular person hasn't been born yet and so they don't actually have to get the rights because they are not born and so they do not come under the protection of the Constitution of the United States and since the fetus is not yet a person because they're not yet born they cannot yet exercise their rights and so therefore it is not deprivation of life or any right that they would have because they have no rights which can be deprived this is ironic because the court held that corporations were citizens and had actual rights that they could exercise but that's another case altogether and the question then became well then at what point does this fetus become a person at what point are they born quote-unquote at what point do they actually have the ability to lead to exercise their rights as people and then this became the question of viability and in other words when would that fetus be able to live without their mother and by the way fetus fur for those of you who don't know it just it's just a word for an unborn person so a baby who has not yet have been able to live outside of their mother's body would