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Law

Substantive Due Process and Its Evolution in U.S. Constitutional Law

Quick fact

Substantive due process has been used to protect unenumerated rights like privacy, contraception, and marriage, yet it has also been used to justify striking down labor laws, showing its dual and debated nature.

Why this is interesting

You've probably heard of your 'right to privacy'—but where does it come from? The U.S. Constitution never mentions privacy, yet courts have used it to strike down laws. How can that be?