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Two substantive due process. 
Substantive due process is a 

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legal doctrine that extends 
beyond the procedural aspects of

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the law and focuses on the 
fundamental rights and liberties

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that the government cannot 
infringe upon, regardless of the

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process it follows. 
While procedural due process 

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ensures fairness in the methods 
and procedures used by the 

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government, substantive due 
process protects certain rights 

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from government interference, 
even if the procedures are fair.

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Substantive due process is 
rooted in the concept of natural

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rights and the belief that 
certain rights are so 

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fundamental to human dignity and
liberty that they must be 

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protected from government 
intrusion. 

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This doctrine has been 
instrumental in shaping American

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constitutional law, particularly
in cases involving individual 

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rights and freedoms. 
A historical context and 

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development The origins of 
substantive due process can be 

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traced back to the 19th century,
when courts began to recognize 

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that certain rights and 
liberties were inherent in the 

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concept of due process and could
not be violated by the 

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government. 
This marked a departure from the

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traditional view of due process 
as solely concerned with 

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procedural fairness and 
introduced the idea that due 

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process also includes 
substantive protections for 

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fundamental rights. 
Substantive due process gained 

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significant traction in the 
early 20th century, particularly

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during the Lochner era, when the
Supreme Court used the doctrine 

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to strike down economic 
regulations that were seen as 

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infringing on individual liberty
and property rights. 

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The Court's decision in Lochner 
V New York Nineteen O 5, which 

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invalidated a state law limiting
the working hours of bakers, is 

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one of the most famous and 
controversial examples of 

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substantive due process being 
used to protect economic 

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freedoms. 
However, the Lochner era 

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eventually gave way to a broader
interpretation of substantive 

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due process, one that focused 
more on personal rights and 

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liberties rather than economic 
interests. 

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This shift was driven by a 
growing recognition that certain

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personal freedoms, such as the 
right to privacy and bodily 

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autonomy, were essential to 
individual dignity and should be

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protected from government 
interference. 

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The key principles of 
substantive due process. 

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Fundamental Rights. 
At the core of substantive due 

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process is the protection of 
fundamental rights, those rights

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that are considered essential to
the concept of ordered liberty 

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and deeply rooted in the 
nation's history and traditions.

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The government cannot infringe 
upon these rights without a 

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compelling reason, and any laws 
or regulations that do so are 

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subject to strict scrutiny by 
the courts. 

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Fundamental rights protected 
under substantive due process 

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include the right to marry, the 
right to have children, the 

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right to privacy, the right to 
bodily integrity, and the right 

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to make personal decisions about
family and reproductive matters.

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These rights are not explicitly 
listed in the Constitution, but 

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have been recognized by the 
courts as inherent in the 

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concept of due process. 
Key Cases. 

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Griswold. 
V Connecticut 1965, the Supreme 

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Court recognized a right to 
privacy in marital relations, 

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striking down a state law that 
prohibited the use of 

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contraceptives by married 
couples. 

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The decision was a landmark in 
the development of substantive 

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due process and paved the way 
for future rulings on 

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reproductive rights and personal
autonomy. 

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Loving V Virginia 1967, the 
Supreme Court struck downstate 

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laws banning interracial 
marriage, recognizing the right 

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to marry as a fundamental right 
protected by substantive due 

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process. 
The decision emphasized that the

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government cannot infringe upon 
the right to marry without a 

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compelling reason. 
Strict scrutiny and rational 

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basis review When a law or 
government action is challenged 

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on substantive due process 
grounds, courts apply different 

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levels of scrutiny depending on 
the nature of the right 

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involved. 
The highest level of scrutiny, 

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known as strict scrutiny, is 
applied when a fundamental right

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is at stake. 
Under strict scrutiny, the 

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government must show that the 
law serves a compelling state 

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interest and is narrowly 
tailored to achieve that 

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interest. 
For non fundamental rights, 

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courts apply a lower level of 
scrutiny known as rational basis

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review. 
Under this standard, the 

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government only needs to show 
that the law is rationally 

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related to a legitimate 
government interest. 

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Rational basis review is much 
more deferential to the 

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government and is generally 
easier for the government to 

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satisfy. 
Key cases. 

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Roe V Wade 1973 The Supreme 
Court applied strict scrutiny in

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recognizing a woman's right to 
choose to have an abortion as a 

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fundamental right under 
substantive due process. 

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The decision established that 
the government could only 

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regulate abortion in ways that 
met the strict scrutiny 

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standard, balancing the state's 
interests with the individual's 

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rights. 
Washington V Kluxberg 1997 The 

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Supreme Court applied rational 
basis review and rejecting a 

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challenge to a state law 
prohibiting assisted suicide. 

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The court held that the right to
assisted suicide was not a 

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fundamental right under 
substantive due process and that

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the state's interest in 
preserving human life justified 

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the law. 
Incorporation Doctrine The 

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incorporation doctrine refers to
the process by which the 

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protections of the Bill of 
Rights have been applied to the 

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states through the 14th 
Amendment's Due Process clause. 

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Originally, the Bill of Rights 
only restricted the federal 

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government, but over time, the 
Supreme Court has incorporated 

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most of these protections, 
making them applicable to state 

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and local governments as well. 
Substantive due process has 

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played a crucial role in this 
incorporation process, as the 

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courts have recognized that 
certain rights are so 

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fundamental that they must be 
protected from state 

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infringement. 
The incorporation doctrine has 

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significantly expanded the scope
of constitutional protections 

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available to individuals and has
ensured greater consistency in 

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the application of rights across
the United States. 

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Key cases. 
Hilo V New York, 1925. 

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This case marked the beginning 
of the incorporation process, 

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applying the 1st Amendment's 
free speech protections to the 

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states through the 14th 
Amendment's Due Process Clause. 

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The decision set the stage for 
the broader incorporation of the

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Bill of Rights. 
McDonald V City of Chicago, 

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2010. 
The Supreme Court incorporated 

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the Second Amendment right to 
bear arms, ensuring that state 

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and local governments cannot 
infringe on this fundamental 

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right. 
The decision reinforced the 

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principle that substantive due 
process protects fundamental 

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rights from state interference. 
See Substantive due process and 

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personal liberties. 
Substantive due process has been

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instrumental in protecting 
personal liberties and ensuring 

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that individuals have the 
freedom to make decisions about 

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their own lives without undue 
government interference. 

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This aspect of due process has 
been particularly important in 

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cases involving reproductive 
rights, marriage and family, and

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privacy. 
Reproductive Rights One of the 

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most significant areas where 
substantive due process has been

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applied is in the protection of 
reproductive rights. 

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The Supreme Court's decision in 
Roe V Wade 1973 was a landmark 

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case that recognized a woman's 
right to choose to have an 

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abortion as a fundamental right 
protected by substantive due 

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process. 
The decision established a 

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framework for balancing the 
state's interests in protecting 

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potential life and the 
individual's right to privacy 

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and bodily autonomy. 
Roe V. 

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Wade and subsequent cases such 
as Planned Parenthood V. 

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Casey 1992, have affirmed that 
the government cannot impose 

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undue burdens on a woman's 
ability to access abortion 

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services. 
These decisions have been 

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central to the ongoing debate 
over reproductive rights and 

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have shaped the legal landscape 
for decades. 

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However, reproductive rights 
remain a contentious issue, and 

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the courts continue to grapple 
with challenges to abortion laws

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and regulations. 
Substantive due process remains 

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a key legal doctrine in these 
cases, providing a framework for

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assessing the constitutionality 
of government actions that 

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affect reproductive freedoms. 
Key cases planned. 

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Parenthood V Casey 1992 The 
Supreme Court reaffirmed the 

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central holding of Roe V. 
Wade while allowing for certain 

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state regulations on abortion as
long as they do not place an 

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undue burden on a woman's right 
to choose. 

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The decision modified the strict
scrutiny standard established in

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Roe and introduced the undue 
burden test as a new standard 

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for evaluating abortion 
regulations. 

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00:08:05,280 --> 00:08:08,920
Whole Women's Health Bee 
Hellerstead 2016, the Supreme 

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Court struck down Texas 
regulations that imposed strict 

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requirements on abortion 
providers, finding that they 

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placed an undue burden on women 
seeking abortions. 

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The decision reaffirmed the 
principles of substantive due 

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process and the undue burden 
standard established in KC 

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Marriage and Family. 
Substantive due process has also

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00:08:28,240 --> 00:08:30,360
played a critical role in 
protecting the rights to 

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marriage and family. 
The Supreme Court has recognized

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that the right to marry is a 
fundamental right protected by 

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substantive due process, and any
government actions that 

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interfere with this right are 
subject to strict scrutiny. 

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The Court's decisions in cases 
like Lovingby Virginia 1967 and 

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Obergefell V Hodges 2015 have 
affirmed the importance of 

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marriage as a fundamental right 
and have struck down laws that 

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discriminate against individuals
based on race or sexual 

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orientation. 
These decisions have been 

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instrumental in advancing civil 
rights and ensuring that 

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individuals have the freedom to 
marry the person of their. 

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Choice key cases. 
Obergefell V Hodges, 2015. 

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The Supreme Court recognized the
right of same sex couples to 

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marry as a fundamental right 
protected by substantive due 

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process and the Equal Protection
Clause of the 14th Amendment. 

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The decision was a landmark 
victory for LGBTQ plus rights 

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and affirmed that the government
cannot discriminate against 

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individuals based on sexual 
orientation and matters of 

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marriage. 
Doblotsky V Red Hale 1978, The 

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Supreme Court struck down a 
Wisconsin law that required 

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individuals with child support 
obligations to obtain court 

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00:09:40,120 --> 00:09:43,080
approval before marrying. 
The court held that the law 

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violated the fundamental right 
to marry and failed to meet the 

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strict scrutiny standard 
required for laws that interfere

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with substantive due process 
rights. 

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Privacy and bodily autonomy 
Substantive due process has also

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00:09:55,520 --> 00:09:58,280
been central to protecting the 
right to privacy and bodily 

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autonomy. 
The concept of privacy, while 

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00:10:01,320 --> 00:10:04,320
not explicitly mentioned in the 
Constitution, has been 

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00:10:04,320 --> 00:10:07,200
recognized by the courts as a 
fundamental right protected by 

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substantive due process. 
The right to privacy encompasses

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a wide range of personal 
decisions, including those 

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related to marriage, family, 
reproductive choices, and 

200
00:10:17,240 --> 00:10:20,240
medical care. 
Substantive due process ensures 

201
00:10:20,240 --> 00:10:22,800
that individuals have the 
freedom to make these decisions 

202
00:10:22,800 --> 00:10:25,680
without undue government 
interference, recognizing the 

203
00:10:25,680 --> 00:10:28,280
importance of personal autonomy 
and dignity. 

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00:10:28,760 --> 00:10:29,640
Key. 
Cases. 

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Cruz and V Director, Missouri 
Department of the Health, 1990. 

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00:10:34,520 --> 00:10:37,560
The Supreme Court recognized a 
constitutionally protected 

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00:10:37,560 --> 00:10:40,480
liberty interest in refusing 
unwanted medical treatment, 

208
00:10:40,640 --> 00:10:42,600
including life sustaining 
treatment. 

209
00:10:43,040 --> 00:10:45,760
The decision affirmed the right 
to bodily autonomy, the 

210
00:10:45,760 --> 00:10:48,640
importance of informed consent 
in medical decisions. 

211
00:10:49,080 --> 00:10:53,240
Lawrence V Texas, 2003, the 
Supreme Court struck down a 

212
00:10:53,240 --> 00:10:56,400
Texas law criminalizing 
consensual sexual conduct 

213
00:10:56,400 --> 00:10:59,160
between same sex adults, 
recognizing that the law 

214
00:10:59,160 --> 00:11:02,440
violated the right to privacy 
and personal autonomy protected 

215
00:11:02,440 --> 00:11:05,960
by substantive due process. 
The decision was a significant 

216
00:11:05,960 --> 00:11:09,760
victory for LGBTQ plus rights 
and affirmed the principle that 

217
00:11:09,760 --> 00:11:12,640
the government cannot interfere 
with private consensual 

218
00:11:12,640 --> 00:11:15,840
relationships. 
De Criticisms and Controversies 

219
00:11:15,840 --> 00:11:19,280
surrounding substantive due 
process While substantive due 

220
00:11:19,280 --> 00:11:22,160
process has been an instrumental
in protecting fundamental 

221
00:11:22,160 --> 00:11:25,480
rights, it has also been the 
subject of significant criticism

222
00:11:25,480 --> 00:11:28,400
and controversy. 
Critics argue that the doctrine 

223
00:11:28,400 --> 00:11:31,240
is overly vague and allows 
judges to impose their own 

224
00:11:31,240 --> 00:11:34,400
personal values and beliefs on 
the law, leading to judicial 

225
00:11:34,400 --> 00:11:37,080
activism. 
One of the main criticisms of 

226
00:11:37,080 --> 00:11:40,120
substantive due process is that 
it lacks a clear and objective 

227
00:11:40,120 --> 00:11:42,520
standard for determining which 
rights are considered 

228
00:11:42,520 --> 00:11:44,680
fundamental and deserving of 
protection. 

229
00:11:45,120 --> 00:11:48,080
This has led to concerns that 
substantive due process can be 

230
00:11:48,080 --> 00:11:51,640
used to justify a wide range of 
judicial decisions, some of 

231
00:11:51,640 --> 00:11:54,560
which may be seen as or stepping
the bounds of the judiciary's 

232
00:11:54,560 --> 00:11:57,080
role. 
Additionally, the concept of 

233
00:11:57,080 --> 00:11:59,960
substantive due process has been
criticized for being too 

234
00:11:59,960 --> 00:12:03,080
flexible and open-ended, 
allowing for the recognition of 

235
00:12:03,080 --> 00:12:05,440
new rights that were not 
originally intended or 

236
00:12:05,440 --> 00:12:08,000
contemplated by the framers of 
the Constitution. 

237
00:12:08,480 --> 00:12:11,480
This has led to debates over the
legitimacy of substantive due 

238
00:12:11,480 --> 00:12:14,960
process as a constitutional 
doctrine and its implications 

239
00:12:14,960 --> 00:12:17,680
for the balance of power between
the judiciary and the other 

240
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branches of government E 
Conclusion The Enduring 

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Importance of Substantive Due 
Process Despite the criticisms 

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00:12:24,560 --> 00:12:27,920
and controversies, substantive 
due process remains a vital 

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component of American 
constitutional law, providing 

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essential protections for 
fundamental rights and 

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liberties. 
The doctrine ensures that 

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individuals have the freedom to 
make personal decisions about 

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their lives without undue 
government interference, and 

248
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that certain rights are 
protected from infringement, 

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regardless of the procedures 
followed. 

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As society continues to evolve, 
substantive due process will 

251
00:12:49,560 --> 00:12:52,760
likely remain a dynamic and 
contested area of law, with 

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courts playing a crucial role in
defining and protecting the 

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fundamental rights that are 
essential to human dignity and 

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liberty. 
The ongoing debates over the 

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scope and application of 
substantive due process reflect 

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the enduring struggle to balance
individual freedoms with the 

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principles of justice, equality,
and the rule of law. 3 

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Fundamental Rights Under Due 
process Fundamental rights are 

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those rights that are considered
essential to the concept of 

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ordered liberty and deeply 
rooted in the nation's history 

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and traditions. 
These rights are protected by 

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both procedural and substantive 
due process, ensuring that the 

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00:13:26,880 --> 00:13:29,840
government cannot infringe upon 
them without a compelling reason

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and following fair procedures. 
Fundamental rights encompass a 

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wide range of personal freedoms,
including those related to 

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marriage, family, reproductive 
choices, privacy, and bodily 

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autonomy. 
These rights are not explicitly 

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listed in the Constitution, but 
have been recognized by the 

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courts as inherent in the 
concept of due process, a 

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marriage and family. 
The right to marry and form a 

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family is considered one of the 
most fundamental rights 

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protected by due process. 
The Supreme Court has repeatedly

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00:13:58,880 --> 00:14:01,400
affirmed that marriage is a 
fundamental right and that the 

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00:14:01,400 --> 00:14:04,360
government cannot interfere with
individuals decisions about 

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marriage and family without a 
compelling reason. 

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00:14:07,200 --> 00:14:11,680
The Court's decisions in cases 
like Lovingby Virginia 1967, 

277
00:14:11,960 --> 00:14:14,880
which struck down laws banning 
interracial marriage, and 

278
00:14:14,880 --> 00:14:19,360
Obergefell V Hodges 2015, which 
recognized the right of same sex

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00:14:19,360 --> 00:14:22,120
couples to marry, have 
reinforced the importance of 

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00:14:22,120 --> 00:14:25,040
marriage as a fundamental right 
and have expanded the scope of 

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00:14:25,040 --> 00:14:27,320
protections available under due 
process. 

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B Reproductive rights. 
Reproductive rights, including 

283
00:14:31,560 --> 00:14:34,640
the right to choose to have an 
abortion, are also considered 

284
00:14:34,640 --> 00:14:37,600
fundamental rights protected by 
substantive due process. 

285
00:14:38,080 --> 00:14:40,120
The Supreme Court's decision in 
Roe V. 

286
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Wade 1973 was a landmark case 
that recognized a woman's right 

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00:14:44,840 --> 00:14:47,880
to make personal decisions about
her reproductive health and 

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00:14:47,880 --> 00:14:50,640
established a framework for 
balancing the state's interests 

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00:14:50,640 --> 00:14:54,680
with individual rights. 
Subsequent cases such as Planned

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00:14:54,680 --> 00:14:58,760
Parenthood V Casey 1992 and 
Whole Woman's Health V. 

291
00:14:58,760 --> 00:15:02,880
Hellerstadt 2016 have reaffirmed
the importance of reproductive 

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00:15:02,880 --> 00:15:05,800
rights and the need to protect 
individuals autonomy and making 

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00:15:05,800 --> 00:15:09,840
decisions about their bodies. 
See Privacy and bodily autonomy.

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00:15:10,360 --> 00:15:13,640
The right to privacy and bodily 
autonomy is another fundamental 

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00:15:13,640 --> 00:15:17,400
right protected by due process. 
This right encompasses a wide 

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00:15:17,400 --> 00:15:20,320
range of personal decisions, 
including those related to 

297
00:15:20,320 --> 00:15:23,840
medical care, sexual conduct, 
and end of life choices. 

298
00:15:24,280 --> 00:15:27,280
The Supreme Court's decisions in
cases like Griswold V 

299
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Connecticut 1965, which 
recognized the right to privacy 

300
00:15:31,440 --> 00:15:35,760
and marital relations, and 
Lawrence V Texas 2003, which 

301
00:15:35,760 --> 00:15:39,040
struck down laws criminalizing 
consensual sexual conduct 

302
00:15:39,040 --> 00:15:42,160
between same sex adults, have 
reinforced the importance of 

303
00:15:42,160 --> 00:15:46,280
privacy and personal autonomy as
fundamental rights de parental 

304
00:15:46,280 --> 00:15:48,920
rights. 
Parental rights, including the 

305
00:15:48,920 --> 00:15:51,760
right to make decisions about 
the upbringing in education of 

306
00:15:51,760 --> 00:15:54,800
one's children, are also 
considered fundamental rights 

307
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protected by due process. 
The Supreme Court has recognized

308
00:15:58,440 --> 00:16:01,240
that parents have a fundamental 
right to direct the upbringing 

309
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of their children and that the 
government cannot interfere with

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this right without a compelling 
reason. 

311
00:16:06,120 --> 00:16:11,040
Key Cases Pierce V. 
Society of Sisters, 1925. 

312
00:16:11,240 --> 00:16:14,440
The Supreme Court struck down an
Oregon law requiring all 

313
00:16:14,440 --> 00:16:17,280
children to attend public 
schools, recognizing that 

314
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parents have a fundamental right
to choose how their children are

315
00:16:20,120 --> 00:16:23,920
educated. 
Troxel V Granville 2000 the 

316
00:16:23,920 --> 00:16:26,840
Supreme Court recognized the 
fundamental right of parents to 

317
00:16:26,840 --> 00:16:29,920
make decisions about their 
children's care, custody, and 

318
00:16:29,920 --> 00:16:32,760
control, striking down a 
Washington state law that 

319
00:16:32,760 --> 00:16:35,400
allowed third parties to 
petition for visitation rights 

320
00:16:35,400 --> 00:16:37,440
over the objections of the 
child's parents. 

321
00:16:37,960 --> 00:16:41,760
E Right to Travel The right to 
travel both domestically and 

322
00:16:41,760 --> 00:16:45,000
internationally is considered a 
fundamental right protected by 

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00:16:45,000 --> 00:16:47,480
due process. 
This right ensures that 

324
00:16:47,480 --> 00:16:50,400
individuals have the freedom to 
move freely within the United 

325
00:16:50,400 --> 00:16:53,120
States and to leave and re enter
the country without undue 

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00:16:53,120 --> 00:16:55,800
government interference. 
Key Cases. 

327
00:16:56,520 --> 00:17:00,120
Shapiro. 
V Thompson 1969, the Supreme 

328
00:17:00,120 --> 00:17:03,240
Court struck downstate residency
requirements for welfare 

329
00:17:03,240 --> 00:17:06,480
benefits, recognizing that the 
right to travel is a fundamental

330
00:17:06,480 --> 00:17:08,400
right protected by the 
Constitution. 

331
00:17:08,880 --> 00:17:13,359
Kent V Dallas, 1958, the Supreme
Court recognized the right to 

332
00:17:13,359 --> 00:17:16,480
travel internationally as a 
fundamental right, ruling that 

333
00:17:16,480 --> 00:17:19,000
the government could not deny a 
passport based on an 

334
00:17:19,000 --> 00:17:22,359
individual's political beliefs 
of voting rights. 

335
00:17:22,839 --> 00:17:25,480
Voting rights are also 
considered fundamental rights 

336
00:17:25,480 --> 00:17:28,840
protected by due process. 
The right to vote is essential 

337
00:17:28,840 --> 00:17:31,520
to the functioning of a 
democratic society, and the 

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00:17:31,520 --> 00:17:34,440
Supreme Court has recognized 
that any government action that 

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00:17:34,440 --> 00:17:37,520
restricts or infringes upon this
right must be subject to strict 

340
00:17:37,520 --> 00:17:39,520
scrutiny. 
Key cases. 

341
00:17:40,280 --> 00:17:44,520
Harper V Virginia Board of 
Elections, 1966 The Supreme 

342
00:17:44,520 --> 00:17:47,760
Court struck down state poll 
taxes, recognizing that the 

343
00:17:47,760 --> 00:17:50,280
right to vote is a fundamental 
right that cannot be denied 

344
00:17:50,280 --> 00:17:52,520
based on an individual's ability
to pay. 

345
00:17:53,000 --> 00:17:57,320
Reynolds V Sims 1964, The 
Supreme Court established the 

346
00:17:57,320 --> 00:18:00,760
principle of one person, one 
vote, ensuring that legislative 

347
00:18:00,760 --> 00:18:03,120
districts are drawn in a way 
that ensures equal 

348
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representation for all citizens.
G Conclusion The Enduring 

349
00:18:07,240 --> 00:18:11,000
Importance of Fundamental Rights
under Due process Fundamental 

350
00:18:11,000 --> 00:18:13,800
rights under due process are 
essential to the protection of 

351
00:18:13,800 --> 00:18:16,960
individual liberties and the 
preservation of human dignity. 

352
00:18:17,440 --> 00:18:20,800
These rights encompass a wide 
range of personal freedoms, from

353
00:18:20,800 --> 00:18:23,200
the right to marry and form a 
family to the right to make 

354
00:18:23,200 --> 00:18:25,400
decisions about one's own body 
and life. 

355
00:18:25,920 --> 00:18:29,400
As society continues to evolve, 
the protection of fundamental 

356
00:18:29,400 --> 00:18:32,400
rights under due process will 
remain a critical aspect of 

357
00:18:32,400 --> 00:18:36,080
American constitutional law. 
The courts will continue to play

358
00:18:36,080 --> 00:18:38,840
a vital role in defining and 
safeguarding these rights, 

359
00:18:39,000 --> 00:18:41,720
ensuring that individuals have 
the freedom to live their lives 

360
00:18:41,720 --> 00:18:44,040
with autonomy, dignity, and 
respect. 

361
00:18:44,520 --> 00:18:48,360
In conclusion, the doctrine of 
due process, both procedural and

362
00:18:48,360 --> 00:18:51,360
substantive, serves as a 
powerful tool for protecting 

363
00:18:51,360 --> 00:18:54,320
individual rights and ensuring 
that the government acts fairly 

364
00:18:54,320 --> 00:18:57,760
and justly in all its dealings 
with citizens, whether in the 

365
00:18:57,760 --> 00:19:01,320
context of criminal proceedings,
civil litigation, or 

366
00:19:01,320 --> 00:19:03,880
administrative actions. 
Due process remains a 

367
00:19:03,880 --> 00:19:07,000
cornerstone of the American 
legal system, upholding the 

368
00:19:07,000 --> 00:19:10,080
principles of fairness, justice,
and the rule of law. 

369
00:19:10,600 --> 00:19:15,320
Summary of Chapter 9 Due Process
Chapter 9 explores the concept 

370
00:19:15,320 --> 00:19:18,240
of due process, a fundamental 
principle in American 

371
00:19:18,240 --> 00:19:21,640
constitutional law that protects
individuals from arbitrary, 

372
00:19:21,680 --> 00:19:25,360
unfair government actions. 
Due process is divided into two 

373
00:19:25,360 --> 00:19:28,760
key components, procedural due 
process and substantive due 

374
00:19:28,760 --> 00:19:31,480
process. 
Procedural due Process 

375
00:19:31,960 --> 00:19:35,040
Procedural due process focuses 
on ensuring that the government 

376
00:19:35,040 --> 00:19:38,320
follows fair procedures when 
depriving individuals of life, 

377
00:19:38,440 --> 00:19:41,960
liberty, or property. 
This includes key elements such 

378
00:19:41,960 --> 00:19:45,160
as notice. 
Individuals must receive 

379
00:19:45,160 --> 00:19:47,920
adequate and timely notice 
before any government action 

380
00:19:47,920 --> 00:19:51,120
that could impact their rights. 
Opportunity to be heard. 

381
00:19:51,240 --> 00:19:54,600
A fair hearing must be provided 
where individuals can present 

382
00:19:54,600 --> 00:19:56,960
their case and challenge the 
government's actions. 

383
00:19:57,440 --> 00:20:00,680
Impartial decision maker. 
Decisions must be made by an 

384
00:20:00,680 --> 00:20:03,760
unbiased authority free from 
conflicts of interest. 

385
00:20:04,240 --> 00:20:07,280
Right to Counsel In certain 
cases, individuals have the 

386
00:20:07,280 --> 00:20:10,120
right to legal representation to
ensure a fair trial. 

387
00:20:10,600 --> 00:20:13,840
Right to an appeal Individuals 
may seek review of a lower 

388
00:20:13,840 --> 00:20:16,840
court's decision by a higher 
court to correct any errors in 

389
00:20:16,840 --> 00:20:19,520
the application of the law. 
Timeliness. 

390
00:20:19,640 --> 00:20:22,400
Legal proceedings should be 
conducted without unnecessary 

391
00:20:22,400 --> 00:20:24,640
delays to prevent harm to 
individuals. 

392
00:20:25,120 --> 00:20:28,680
Procedural due process applies 
in various contexts, including 

393
00:20:28,680 --> 00:20:31,760
criminal, civil and 
administrative proceedings, 

394
00:20:31,920 --> 00:20:34,880
ensuring that the government 
respects individuals rights and 

395
00:20:34,880 --> 00:20:38,760
follows established legal norms.
Substantive due process 

396
00:20:39,240 --> 00:20:42,440
substantive due process goes 
beyond procedural fairness and 

397
00:20:42,440 --> 00:20:45,200
focuses on protecting 
fundamental rights and liberties

398
00:20:45,200 --> 00:20:48,240
from government interference. 
Even when fair procedures are 

399
00:20:48,240 --> 00:20:52,440
followed, key aspects include 
fundamental rights. 

400
00:20:52,600 --> 00:20:55,560
Substantive due process protects
rights that are essential to 

401
00:20:55,560 --> 00:20:58,800
ordered liberty, such as the 
right to marry, reproductive 

402
00:20:58,800 --> 00:21:01,560
rights, privacy, and bodily 
autonomy. 

403
00:21:02,040 --> 00:21:05,280
Strict scrutiny and rational 
basis review Court supplies 

404
00:21:05,280 --> 00:21:07,920
strict scrutiny when a 
fundamental right is at stake, 

405
00:21:08,080 --> 00:21:10,720
requiring the government to 
justify its actions with a 

406
00:21:10,720 --> 00:21:13,840
compelling interest. 
For non fundamental rights, 

407
00:21:13,960 --> 00:21:16,600
courts use a more lenient 
rational basis review 

408
00:21:17,120 --> 00:21:19,920
incorporation doctrine. 
This doctrine applies the 

409
00:21:19,920 --> 00:21:22,360
protections of the Bill of 
Rights to the states through the

410
00:21:22,360 --> 00:21:25,880
14th Amendment's Due Process 
Clause, ensuring that state and 

411
00:21:25,880 --> 00:21:28,240
local governments respect 
fundamental rights. 

412
00:21:28,720 --> 00:21:31,880
Substantive due process has been
crucial in landmark cases 

413
00:21:31,880 --> 00:21:35,480
involving personal liberties 
such as reproductive rights, Roe

414
00:21:35,480 --> 00:21:39,160
V Wade, marriage equality, 
Obergefell V. 

415
00:21:39,680 --> 00:21:43,480
Hodges and privacy. 
Griswold V Connecticut 

416
00:21:43,960 --> 00:21:47,520
Fundamental rights under due 
process The chapter also 

417
00:21:47,520 --> 00:21:50,760
highlights several fundamental 
rights protected by due process,

418
00:21:50,760 --> 00:21:54,800
including marriage and family. 
The right to marry and form a 

419
00:21:54,800 --> 00:21:57,640
family is a fundamental right 
protected by substantive due 

420
00:21:57,640 --> 00:22:00,520
process. 
Reproductive rights Rights 

421
00:22:00,520 --> 00:22:03,560
related to reproductive choices,
including the right to an 

422
00:22:03,560 --> 00:22:06,680
abortion, are protected under 
substantive due process. 

423
00:22:07,160 --> 00:22:10,440
Privacy and Bodily autonomy 
Individuals have the right to 

424
00:22:10,440 --> 00:22:13,600
privacy and autonomy and making 
personal decisions about their 

425
00:22:13,600 --> 00:22:16,320
lives. 
Parental rights Parents have the

426
00:22:16,320 --> 00:22:19,120
right to make decisions about 
the upbringing and education of 

427
00:22:19,120 --> 00:22:21,920
their children. 
Right to travel The right to 

428
00:22:21,920 --> 00:22:25,520
travel both domestically and 
internationally is protected by 

429
00:22:25,520 --> 00:22:28,680
due process. 
Voting rights Voting rights are 

430
00:22:28,680 --> 00:22:31,680
essential to democracy and are 
protected by due process, 

431
00:22:31,880 --> 00:22:34,800
ensuring that government actions
affecting voting are subject to 

432
00:22:34,800 --> 00:22:38,920
strict scrutiny. 
Conclusion Chapter 9 underscores

433
00:22:38,920 --> 00:22:41,840
the importance of due process 
and safeguarding individual 

434
00:22:41,840 --> 00:22:44,960
rights and liberties. 
While procedural due process 

435
00:22:44,960 --> 00:22:47,560
ensures that the government 
follows fair procedures, 

436
00:22:47,680 --> 00:22:50,520
substantive due process protects
fundamental rights from 

437
00:22:50,520 --> 00:22:53,960
government infringement. 
Together, these doctrines play a

438
00:22:53,960 --> 00:22:57,320
vital role in maintaining 
justice, equality, and the rule 

439
00:22:57,320 --> 00:22:59,240
of law in the American legal 
system.