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    The Difference Between Substantive and Procedural Due Process

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    Could you help explain to me the difference between "substantive due process" and "procedural due process"?

    © BrainMass Inc. brainmass.com October 9, 2019, 8:47 pm ad1c9bdddf

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    Substantive rights are those rights that allow individuals the power to possess or do certain things, despite the government's desire to do the opposite. These are rights like freedom of speech and religion. "Procedural" rights are special rights that, instead, dictate how the government can lawfully go about taking away a person's freedom or property or life, when the law otherwise gives them the power to do so.

    Most courts have viewed the due process clause, and sometimes other clauses of the Constitution, as embracing those fundamental rights that are "implicit in the concept of ordered liberty" (Palko v. Connecticut). Just what those rights are is not always clear. Some of these rights have long histories or "are deeply rooted" in American society.

    The courts have largely ...

    Solution Summary

    The differences between substantive due process and procedural due process.