Explain the difference between substantive and procedural due process and give an example of each

Question

What will be an ideal response?

Answer 1

• Procedural due process is a provision in the Constitution that states that the law must be carried out in a fair and orderly manner. It requires that certain procedures be followed in administering and executing a law so that an individual's basic freedoms are never violated. An example of this would be For example, when a young student is subjected to a futile strip search in which she was forced to expose her breasts and pubic area. School officials were looking for prescription- strength ibuprofen pills and she was targeted based on a tip from another student. In 2009, the Supreme Court ruled that the school did not have sufficient reason to conduct such an intrusive and humiliating search.
• Substantive due process is the constitutional requirement that laws used in accusing and convicting persons of crimes must be fair. The idea is that if a law is unfair or arbitrary, even if properly passed by a legislature, it must be declared unconstitutional. For example, Oklahoma instituted the Habitual Criminal Sterilization Act. Under this statute, a person who had been convicted of three felonies could be "rendered sexually sterile" by the state (that is, the person would no longer be able to produce children). The United States Supreme Court held that the law was unconstitutional, as there are "limits to the extent which a legislatively represented majority may conduct biological experiments at the expense of the dignity and personality and natural powers of a minority.