Pros And Cons Of Substantive Due Process Clause

The Equal Protection Clause is the constitutional promise that no individual or class of persons can be denied the same protection of the laws that is enjoyed by others individuals or classes. These protections include life, liberty, property, and the pursuit of hapiness. The Substantive Due Process Clause is similar in that it states that no person can be deprived of either life, liberty, or property devoid of due process. Substantive Due Process clause put limits on the content or subject matter of state and federal laws. The Substantive Due Process Clause keeps the government from violating certain fundamental constitutional rights of individuals or parties. The Supreme court relied on the Substantive Due Process clause to overturn the previous courts ruling and argued that the ruling violated the S. Due Process Clause, as opposed to the Equal Protections Clause. However, Justice Sandra Day O ' Connor argued in favor of the Equal Protections Clause to overturn the state laws against sodomy. The Court recognized that the privacy rights of consenting adults cannot be violated as this violates the Constitution.

You would first file a complaint with the court and deliver a copy to the defendant. The …show more content…
This would make the legislature unconstitutional and the legislature could be modified or scrapped entirely to fit within the framework of the US Constitution. States cannot enact a statute that violates or infringes upon the first amendment rights of an entity; the entities in this case being GMI and HDTV. In this case the free speech being violated is these companies right to commercial speech which is protected under the first amendment. However, limits can be placed upon commercial free speech, but in this case the limit restricts commercial free speech too heavily and the purpose is unsupported for protecting