SUBSTANTIVE DUE PROCESS

Question 1

Substantive Due Process:

Economic Liberties

Answer 1

Rational basis, limited protection.

Question 2

Substantive Due Process:

Contracts Clause

Answer 2

State/local law effecting already existing Ks → intermediate scrutiny:

1) Substantial impairment of K relationship;
2) Whether state law is designed to promote a significant and legitimate public purpose; and
3) Narrowly tailored?