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

This topic contains 1 reply, has 2 voices, and was last updated by  KevinGutzman 11 months ago.

Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • #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

Viewing 2 posts - 1 through 2 (of 2 total)

You must be logged in to reply to this topic.