Judicial Review of Substantive Due Process Violations
When a law or other act of government is challenged as a violation of individual liberty under the Due Process Clause, courts nowadays primarily use two forms of scrutiny, or judicial review. This inquiry balances the importance of the governmental interest being served and the appropriateness of the government's method of implementation against the resulting infringement of individual rights. If the governmental action infringes upon a fundamental right, the highest level of review—strict scrutiny—is used. In order to pass strict scrutiny review, the law or act must be narrowly tailored to further a compelling government interest.
When the governmental restriction restricts liberty in a manner that does not implicate a fundamental right, rational basis review is used. Here a legitimate government interest is enough to pass this review. This means that the government's goal must simply be something that it is acceptable for the government to pursue. The means used by the legislation only have to be reasonable for getting to the government's goals; they need not be the best. Under a rational basis test, the burden of proof is on the challenger. Thus it is rare that laws are overturned after a rational basis test, although this is not unheard of.
There is also a middle level of scrutiny, called intermediate scrutiny, but it is primarily used in Equal Protection cases rather than in Due Process cases: “The standards of intermediate scrutiny have yet to make an appearance in a due process case.”
Read more about this topic: Substantive Due Process
Famous quotes containing the words judicial, review, due, process and/or violations:
“Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.”
—Alexis de Tocqueville (1805–1859)
“Reading any collection of a man’s quotations is like eating the ingredients that go into a stew instead of cooking them together in the pot. You eat all the carrots, then all the potatoes, then the meat. You won’t go away hungry, but it’s not quite satisfying. Only a biography, or autobiography, gives you the hot meal.”
—Christopher Buckley, U.S. author. A review of three books of quotations from Newt Gingrich. “Newtie’s Greatest Hits,” The New York Times Book Review (March 12, 1995)
“Justice is rather the activity of truth, than a virtue in itself. Truth tells us what is due to others, and justice renders that due. Injustice is acting a lie.”
—Horace Walpole (1717–1797)
“The process of education in the oldest profession in the world is like any other educational process, in that it requires time and effort and patience; it can only be acquired by taking one step at a time, though the steps become accelerated after the first few.”
—Madeleine [Blair], U.S. prostitute and “madam.” Madeleine, ch. 4 (1919)
“School-days, I believe, are the unhappiest in the whole span of human existence. They are full of dull, unintelligible tasks, new and unpleasant ordinances, brutal violations of common sense and common decency. It doesn’t take a reasonably bright boy long to discover that most of what is rammed into him is nonsense, and that no one really cares very much whether he learns it or not.”
—H.L. (Henry Lewis)