Substantive due process governs fundamental rights; which statement correctly describes the review?

Substantive due process governs fundamental rights; which statement correctly describes the review?

• A. Fundamental rights are protected under rational basis review; non-fundamental rights receive strict scrutiny.
• B. All rights receive strict scrutiny.
• C. When a law affects a fundamental liberty, strict scrutiny applies; non-fundamental rights receive rational basis.
• D. Substantive due process governs only procedural aspects.

Answer: (C)

Substantive due process uses levels of scrutiny based on whether the right involved is fundamental. When a law impinges on a fundamental liberty, strict scrutiny applies: the government must show a compelling interest and that the law is narrowly tailored to achieve that interest. For rights that aren’t fundamental, the review is rational basis: the law must be rationally related to a legitimate government interest, and the standard is highly deferential to legislative choices. Substantive due process protects substantive rights, not procedural ones (procedural due process covers process like notice and hearings). So the correct description is that fundamental liberties face strict scrutiny, while non-fundamental rights receive rational basis review. The other statements misstate the levels of scrutiny or confuse substantive with procedural due process.

Substantive due process uses levels of scrutiny based on whether the right involved is fundamental. When a law impinges on a fundamental liberty, strict scrutiny applies: the government must show a compelling interest and that the law is narrowly tailored to achieve that interest. For rights that aren’t fundamental, the review is rational basis: the law must be rationally related to a legitimate government interest, and the standard is highly deferential to legislative choices. Substantive due process protects substantive rights, not procedural ones (procedural due process covers process like notice and hearings). So the correct description is that fundamental liberties face strict scrutiny, while non-fundamental rights receive rational basis review. The other statements misstate the levels of scrutiny or confuse substantive with procedural due process.