Few constitutional doctrines generate more heat than substantive due process. Many scholars doubt whether there is any legitimate doctrine of substantive due process, and there is a dispute among ...

But in my last post, I remarked only that “the jurisprudence he advocates is not dependent on the language or history of any particular constitution.” I said this with a link to a post from ...

Substantive due process, then, not only adds the word “substantive” to the phrase in the Constitution, but also fashions an oxymoron in doing so. “Substance” and “process” are often ...

that the jurisprudence he advocates is not dependent on the language or history of any particular constitution. But that admission means today’s libertarian advocates of substantive due process ...

The latter is what the Due Process Clause protects. Within the zone beyond the constitutional core of “liberty” and “property,” government can determine which substantive interests shall ...