So, my concentration is in American politics and this semester I'm taking a civil liberties class (which is super interesting and I recommend it to anyone who has the time next year). A lot of what we're talking about so far has been about substantive due process. Since I think this is a hugely important cornerstone of contemporary judicial system. This is due largely to the 1965 Supreme Court case Griswold v. Connecticut. This is very peripherally about legislation, but the judiciary branch of the US government is more interesting to me.
Before the Griswold decision, the Due Process clause of the XIV Amendment was used mostly to strike down labor laws passed in the early 20th century in order to undercut the power of labor movements and unions. Essentially, the due process clause was used to ensure workers' rights to contract without state interference, despite that many restrictions on the right to contract were put in place to protect worker safety. This practice was ended in 1937, and the Court generally stopped using the XIV Amendment to overturn existing legislation
However, Griswold ushered in the new meaning of due process, which established that the government has the obligation to stay out of certain interactions, especially when those interactions take place within the institution of marriage. Essentially, Griswold guaranteed a right to privacy, at first on a very narrow scope, but it has been expanding (mostly due to subsequent Supreme Court decisions) ever since. This right has been integral in such monumental cases as Roe v. Wade, Lawrence v. Texas, and US v. Windsor.
Before the Griswold decision, the Due Process clause of the XIV Amendment was used mostly to strike down labor laws passed in the early 20th century in order to undercut the power of labor movements and unions. Essentially, the due process clause was used to ensure workers' rights to contract without state interference, despite that many restrictions on the right to contract were put in place to protect worker safety. This practice was ended in 1937, and the Court generally stopped using the XIV Amendment to overturn existing legislation
However, Griswold ushered in the new meaning of due process, which established that the government has the obligation to stay out of certain interactions, especially when those interactions take place within the institution of marriage. Essentially, Griswold guaranteed a right to privacy, at first on a very narrow scope, but it has been expanding (mostly due to subsequent Supreme Court decisions) ever since. This right has been integral in such monumental cases as Roe v. Wade, Lawrence v. Texas, and US v. Windsor.
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