Procedural v. Substantive Due Process

  • Procedural Due Process (PDP): focuses on the procedure that the government uses when taking away life, liberty, or property.
    • E.g., getting a fair trial.
  • Substantive Due Process (SDP): focuses on the Constitutional protections of certain fundamental rights from being taken away at all; regardless of what procedure is used.
    • Applies to both enumerated (BOR) and unenumerated rights.