Williams, Ryan, The One and Only Substantive Due Process Clause (March 6, 2010).Stanford Law School, Public Law Research Paper No. Karlan, Pamela S., Pricking the Lines: The Due Process Clause, Punitive Damages and Criminal Punishment.Green, Christopher R., Our Bipartisan Due Process Clause (September 14, 2018).In the scenario above, Jake could argue that the board's actions are unreasonable. The government may not act in a manner that is arbitrary, capricious, or unreasonable when subjecting an individual to the laws of the state. Generally, it concerns a situation where the procedural methods for enforcing a law are onerous and offer the subject individual little opportunity for procedural review, challenge, or redress. This concerns the method by which the Government enforces the law against an individual. Jake can attack the board's procedure for not considering her substantive due process rights. The standard for substantive due process is that the fundamental rights of an individual are outside the government's power to regulate. Jake is at liberty to open a restaurant anywhere in the town since he is a citizen. Due Process rights assure fundamental fairness and decency in any governmental act or process that may affect the life, liberty, property, or other constitutional rights of its citizens.
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