Question

The most important difference between procedural and substantive due process is that a. substantive due process was recognized first by the Supreme Court. b. procedural due process deals with governmental methods and how they are used, whereas substantive due process deals with the fairness of laws. c. the Supreme Court can rule on cases involving procedural due process but the States rule on cases of substantive due process. d. only procedural due process is covered under the 14th Amendment Due Process Clause.

Answer 1

The correct answer is:

b. procedural due process deals with governmental methods and how they are used, whereas substantive due process deals with the fairness of laws.

Explanation:

The Fifth amendment of the United States Constitution states that "no person shall be deprived of life, liberty or property, without due process of law". A due process refers to legal proceedings that protect citizens' rights and guarantee equal treatment as well as legal statutes, rules and principles, and is divided by substantive due proceedings and procedural due proceedings.

Substantive due proceedings protect individual rights so they are respected in each legal process and deals with the fairness of laws.

Procedural due proceedings deal with governmental methods and how they are used whenever an individual is deprived of his liberty and accused of crimes, and require that the government follow the established rules.