Home Page Forums U.S. Constitutional History Substantive Due Process

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  • #13223
    Sheyboer
    Participant

    Is substantive due process inconsistent with the original meaning/intent of the U.S. Constitution? I’ve always thought, based on a strict interpretation of the Constitution that New York v. Lochner, though a good decision for liberty, was decided incorrectly as the Bill of Rights ONLY applied to the federal government and not state governments.

    Also, is the Incorporation Doctrine a result of the idea and implementation of Substantive Due Process or are they two separate things?

    Last, is Substantive Due Process responsible for Supreme Court decisions such as Obergefell?

    Thank you!

    #13329
    KevinGutzman
    Participant

    Yes; it’s a subset of substantive due process; and yes.

    You can find a thorough examination of this general problem here:

    http://kevingutzman.com/books/PoliticallyIncorrectConstitution.html

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