What kinds of laws have been found to violate substantive due process?© BrainMass Inc. brainmass.com March 21, 2019, 8:42 pm ad1c9bdddf
What standards does the US Supreme Court use when it reviews a law for substantive due process violations?
The Supreme Court will first determine whether a fundamental right was violated. Fundamental right is defined as rights that deal with the life, liberty, and the pursuit of happiness of each citizen and resident of the United States. Such fundamental rights are spelled out in the Bill of Rights and some of the amendments of the Constitution.
Rational Basis Test: If the right violated is not fundamental, the Court will apply a minimal judicial scrutiny standard where the Court will determine whether the violation of a non-fundamental right can be related to a reasonable government interest.
Rational Basis Test:
1) What is the Objective of the Law (ENDS); (The Court will not look into the real purpose of the law.)
2) What MEANS are being used by the state to meet that objective; and
3) Are the MEANS rationally related o the ENDS?
There is a presumption in rational basis test cases that the law is valid. The courts are extremely deferential to the laws passed when applying this standard of test. Almost all the laws where the Court used the "rational basis test" has not been struck down except the subsequent ...
This is a 4,914 word document in outline form that explains what standards the U.S. Supreme Court uses when reviewing a law for substantive due process violations. Case law is cited and examples of what kinds of laws the Supreme Court found to violate substantive due process.