Substantive Due Process. What is it?

The phrase “due process of law” is undefined in the Constitution. But our courts have historically held that this constitutional phrase subsumes two forms of due process. The first is procedural due process. This is simply the idea that before one’s life, liberty, or property are taken, one must be given an appropriate hearing in front of an impartial judge to assess whether such deprivations are in accordance with the law. It does not assess whether the law is good or bad, moral or immoral, or right or wrong. The second form is substantive due process, which assesses whether the government has a good reason for depriving one of life, liberty, or property (i.e., is the law itself, even if followed exactly, justified in taking one’s life, liberty, or property). <a href="https://medium.com/@markmelton99/substantive-due-process-what-is-it-87e05f02188a">Read More</a>