Since the adoption of the due process clause of the fourteenth amendment, the Supreme Court has vacillated on the appropriate standard of review by which questions of infringement of liberty and property interests by state legislation are to be judged. This Article discusses the doctrine of substantive due process and examines its use by the Supreme Court since the adoption of the fourteenth amendment. The authors criticize the current Court's narrow and inconsistent construction of the due process clause. They recommend that the Court adopt and apply a standard of reasonableness when reviewing the reach of state legislation.
Preston, Wilbur D. Jr. and Mehlman, Mehlman B.
"The Due Process Clause as a Limitation on the Reach of State Legislation: An Historical and Analytical Examination of Substantive Due Process,"
University of Baltimore Law Review: Vol. 8:
1, Article 2.
Available at: https://scholarworks.law.ubalt.edu/ublr/vol8/iss1/2