Due Process has two parts: Substantive and Procedural. The idea is that without substance, procedure is moot. (WAY simplified, but you get the idea.)
“Due Process has two parts: Substantive and Procedural. The idea is that without substance, procedure is moot. (WAY simplified, but you get the idea.)”
I’m familiar with the concept, and along with Robert H. Bork, I think it’s absolute B.S. As intellectually phony as “The Protocols of the Elders of Zion”. Substance has nothing to do with process. Process is the only thing that matters; that’s why they call it “due process” instead of “due substance”.
The injection of substance into our 14th amendment protections is one of the premier avenues (along with the interstate commerce clause and the equal protection clause) through which our Constitution has been destroyed, in my opinion.
Oh, I should add I love John Hart Ely’s characterization of substantive due process as a contradiction in terms, like saying “green pastel redness”.