Civil liberties Literature & Language Essay Research (Essay Sample)

Civil Liberties
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Substantive liberties
Based on the fundamental fairness principle, these are restraints that limit what the government shall or shall not have the power to do. For example, restricting freedom of speech, freedom of press, or freedom of religion. The U.S. constitution protects substantive liberties which possess a greater political import in reality because its application can restrict significant parts of substantive jurisdiction of the state legislature. They have been split by the courts into two; fundamental and non-fundamental rights where fundamental rights are linked to the right of privacy or the right of autonomy.
Just because the government deprives an individual of these rights does not necessarily mean actions by the government are forbidden by the Due Process Clause. Instead, it means that the action will be prohibited, unless there is need for the government to interfere with the right so as to gain some compelling governmental objective. Dealing with substantive liberties, the court is not focused on the procedure, rather the question is considered in connection with liberty as stated in the Fifth