AP® U.S. Government & Politics Crash Course, For the 2020 Exam, Book + Online by Fenton Nancy;Olson-Goldman Katherine;

Author:Fenton, Nancy;Olson-Goldman, Katherine;
Language: eng
Format: epub
Publisher: Research & Education Association
Published: 2019-08-15T00:00:00+00:00

V.

PRIVACY

A.SUBSTANTIVE DUE PROCESS

1.The Fourteenth Amendment states that no state may “deprive any person of life, liberty, or property, without due process of law.”

a.The Due Process Clause was initially interpreted to apply only to the procedures followed by the government in regulating private activities. In other words, the Court would not evaluate the content, or substance, of a law, so long as the government followed appropriate procedures.

b.Later, the Court began to rely on the principle of “liberty” contained in the Fourteenth Amendment to strike down laws that, although they followed acceptable procedures, were unfair in their content.

c.The term substantive due process refers to the idea that the law must be fair and reasonable in content and in application. This idea has been used by the Court to protect the fundamental rights of the individual against government interference.

2.Griswold v. Connecticut (1965)

Note:Although the Griswold case is not required by the AP® course, it is important that you are familiar with the facts and holdings of this case.

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