wordsworth

The Foleys argue that substantive component of the due process clause protects only fundamental rights – those that are fundamental in the individual and those that are fundamental in the state. The Foleys argue that the standard of review is always strict scrutiny – either strict scrutiny in favor of the individual right or strict scrutiny in favor of the state right.  Ultimately, in every case involving substantive due process the Court has weighed the competing rights in due process to determine which party has the vested right that overcomes the rival’s claim.