Because substantive due process allows the Supreme Court to overturn laws restricting rights that are not explicitly enumerated in the Constitution, critics argue that it can result in functionally unlimited power of review over state laws. The Supreme Court may not overturn state laws unless those laws violate the Constitution. In particular, they argue that the Supreme Court is given too much power over state law. government, giving undue power to the courts. Ĭritics of substantive due process argue that it upsets the balance of power between the branches of the U.S. The right to engage in same-sex sexual relations ( Lawrence v.The right for competent adults to refuse life-saving medical procedures ( Cruzan v.The right for extended family members to share a home ( Moore v. ![]()
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