substantive due process

English

Noun

substantive due process (uncountable)

  1. A principle in United States constitutional law that allows courts to protect substantive law and certain rights from the government.
    • 2025 October 16, Ross Douthat, quoting Amy Coney Barrett, “Amy Coney Barrett Is Looking Beyond the Trump Era”, in The New York Times‎[1], New York, N.Y.: The New York Times Company, →ISSN, →OCLC, archived from the original on 20 October 2025:
      So this test, this whole area of substantive due process, is tricky for some of the reasons you say. That’s been a criticism of the doctrine in general and a criticism of the general notion that we can have rights that the Constitution doesn’t specify, precisely because of the kind of inquiry that it invites judges to undertake.
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