Substantive Due Process
How the Supreme Court adds to the Bill of Rights.
Textualists don't like it. Nor do social conservatives. There's a provision in the Constitution that allows for social progress.
The word "Liberty" in the 5th and 14th Amendments allows the Supreme Court to add "substantive" rights against government power. These new rights, rarely added, usually stem from a Supreme Court case that embodies a changing social norm.
Here's an explainer.
It's interactive! Click the case links for descriptions.
- See our August 1, 2017 blog post discussing current political relevance of Substantive Due Process.
- See examples of substantive vs. procedural laws.