What does substantive due process protect?

Substantive due process is a constitutional doctrine that protects certain fundamental rights from government interference. It ensures that laws affecting these rights cannot be enacted without a compelling justification, thereby safeguarding individual liberties from arbitrary restrictions. Among the rights that are often recognized under substantive due process are the rights to marry, raise a family, make personal choices regarding intimacy and privacy, and access contraception.

The choice correctly focuses on fundamental rights such as marriage and privacy, as these are critical areas where the government’s ability to impose regulations or restrictions must be balanced against individual freedoms. Courts have recognized these rights as integral to the concept of ordered liberty, thus providing individuals with a safeguard against overreach by the state in personal matters.

In contrast, the other options do not accurately reflect the scope of substantive due process. While property rights and governmental regulatory powers are important legal concepts, they typically fall within the framework of other constitutional protections, such as procedural due process or the Takings Clause. Public safety and welfare, while crucial for government function, do not encapsulate the essence of substantive due process, which is fundamentally about protecting individual rights rather than the broader interests of the community.