Substantive Due Process

Question 1

Substantive due process

Answer 1

The guarantee of substantive due process is based upon the idea that laws should be reasonable and not arbitrary. The analysis should involve whether the state action infringes upon any protected interest.

Question 2

Voting as a fundamental right

Answer 2

A law interfering with a fundamental right, such as the right to vote, will be upheld only if it is necessary to achieve a compelling governmental interest under the “strict scrutiny” test. (Note that the level of scrutiny applicable to a government restriction of voting rights depends on the degree to which the restriction impacts the exercise of this right: more significant impacts require higher levels of scrutiny.