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In substantive due process, the reasonableness of the law is all of the following...

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bramblefire | Student, Grade 11 | (Level 2) eNoter

Posted May 22, 2011 at 9:32 PM via web

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In substantive due process, the reasonableness of the law is all of the following EXCEPT which?

A) reflects political beliefs

B) depends on economic & social views

C) what a judge believes 'reasonableness' means

D) its legal doctrine

E) none of the above

 

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted May 22, 2011 at 9:41 PM (Answer #1)

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The best answer of the ones that you have given us is D.

Substantive due process was a legal idea that was important to constitutional law in the US until the 1930s.  The idea of substantive due process was that the due process clauses of the 5th and 14th Amendments prohibited the government from making laws that were (in the eyes of the courts) unreasonable infringements on the fundamental liberties of the people.

Following the idea of SDP, the courts struck down many laws that regulated economic activity.  They ruled that such laws (like minimum wage laws) were unreasonable infringements on people's liberties (the liberty to make whatever contract they wanted, in the case of a minimum wage law).  During the time that they were doing this, the courts would strike down laws based on the judges' own ideas as to what was and was not reasonable.  For this reason, A, B, and C are correct statements.  That leaves D as the right answer.

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