Which statement about substantive due process is false?

Which statement about substantive due process is false?

• A. Substantive due process protects fundamental rights from government interference.
• B. It is concerned with the substantive rights rather than procedures.
• C. It guarantees fair procedures before depriving life, liberty, or property.
• D. It is used to strike down laws that infringe fundamental rights.

Answer: (C)

Substantive due process focuses on protecting fundamental rights from government interference, looking at the rights themselves rather than the process used to deprive them. It governs when the government may infringe on those rights and is often associated with strict scrutiny when fundamental liberties are at stake; it can lead to striking down laws that infringe those rights. The statement that is false describes guaranteeing fair procedures before depriving life, liberty, or property. That describes procedural due process, which concerns the notice and opportunity to be heard before a deprivation occurs, not the substantive rights themselves. Substantive due process is about the existence and protection of the rights, while procedural due process is about the procedures used to protect against wrongful deprivation.

Substantive due process focuses on protecting fundamental rights from government interference, looking at the rights themselves rather than the process used to deprive them. It governs when the government may infringe on those rights and is often associated with strict scrutiny when fundamental liberties are at stake; it can lead to striking down laws that infringe those rights.

The statement that is false describes guaranteeing fair procedures before depriving life, liberty, or property. That describes procedural due process, which concerns the notice and opportunity to be heard before a deprivation occurs, not the substantive rights themselves. Substantive due process is about the existence and protection of the rights, while procedural due process is about the procedures used to protect against wrongful deprivation.