Which amendment contains the Substantive Due Process protections discussed?

Which amendment contains the Substantive Due Process protections discussed?

• A. 14th Amendment
• B. 5th Amendment
• C. 1st Amendment
• D. 13th Amendment

Answer: (A)

Substantive Due Process protects fundamental rights from government interference, focusing on what the government may not do to basic liberties. The protection most people study in this area comes from the Due Process Clause of the Fourteenth Amendment, which says no state shall deprive any person of life, liberty, or property without due process. This is why discussions about substantive due process typically center on the Fourteenth Amendment, because it governs state action and, through incorporation, many fundamental rights are enforced against the states. The Fifth Amendment also contains a due process guarantee, but it limits itself to the federal government. The First Amendment covers civil liberties like speech and religion, not substantive due process analysis, and the Thirteenth Amendment addresses slavery and involuntary servitude. Taken together, the Fourteenth Amendment is the best fit for the substantive due process protections discussed.

Substantive Due Process protects fundamental rights from government interference, focusing on what the government may not do to basic liberties. The protection most people study in this area comes from the Due Process Clause of the Fourteenth Amendment, which says no state shall deprive any person of life, liberty, or property without due process. This is why discussions about substantive due process typically center on the Fourteenth Amendment, because it governs state action and, through incorporation, many fundamental rights are enforced against the states. The Fifth Amendment also contains a due process guarantee, but it limits itself to the federal government. The First Amendment covers civil liberties like speech and religion, not substantive due process analysis, and the Thirteenth Amendment addresses slavery and involuntary servitude. Taken together, the Fourteenth Amendment is the best fit for the substantive due process protections discussed.