Substantive Due Process

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Status: In Progress  |  Genre: Non-Fiction  |  House: Booksie Classic

This article deals with the constitutional rule of Substantive Due Process.

One of the most important principles in the United States Constitution is the Substantive Due Process clause.Substantive Due Process set the standard for the constitutionality of laws based upon the following standard:  to be valid under Substantive Due Process, a law must be reasonable, and rationally related to a legitimate state interest.See,  Lugar vs. Edmunson Oil (1982).Thus, contrary to the idea that every legislative enactment has a strong presumption of validity, Substantive Due Process requires that all law be reasonable.Reason can be defined as existinig where there is a composite of:  love, logic, and intuition.  Love is defined as a positivie feeling flowiing inward or outward.  Logic is defined as that which is not illogical.  Intuition is defined as flowing from high speed preconscious or unconscious analogical thought processes.

Some might say that due process is a new idea.  On the contrary, Magna Charta, the british constitution invovles due process, and was enacted around the year 1250.Also, there is a due process clause in the Pennsylvania Charter of 1681.The American Declaration of Independence and the Pennsylvania Constitution, both enacted in 1776, both involve due process.So, don't forget due process of law.


Submitted: April 12, 2016

© Copyright 2021 Anthony Zimmerman. All rights reserved.

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