Substantive Due Process: Fundamental Rights

Laws burdening fundamental rights require strict scrutiny.

Related Due Process rules

• Procedural Due Process: Notice & HearingProcess requires notice and opportunity to be heard before deprivation of life, liberty, or property.
• Procedural Due Process BalancingThe adequacy of procedures is determined by balancing the private interest, risk of error, and government interest.
• Right to PrivacyPrivacy includes marriage, procreation, contraception, family relations, child-rearing, and certain bodily autonomy…
• Abortion RegulationStates may regulate abortion pre-viability if they do not impose an undue burden; post-viability bans require…
• Sexual IntimacyAdults have a liberty interest in private, consensual sexual intimacy free from criminal punishment.
• Right to TravelThe right to travel prohibits durational residency requirements burdening new residents.

Part of Constitutional Law on Core Legal Rules — foundational MBE-tested principles with primary-source citations.