Question

Read this passage: Congress passes a new law authorizing federal authorities to search the home of anyone suspected of supporting terrorism, even if authorities don't have a search warrant. After federal officers search the home of a journalist who interviewed members of terrorist organizations, she sues the federal government. Her lawyer argues that the new law is fundamentally unfair, as it violates Americans' Fourth Amendment protection from unreasonable search and seizure. What principle is the lawyer relying on to question the new law? A. Procedural due process B. Selective incorporation C. Equal protection D. Substantive due process

Answer 1

Substantive due process

Answer 2

- The correct answer is D. Substantive due process. The reason is simple, by passing the law, Congress has facilitated the compliance of federal authorities with the principle of procedural due process (the principle that if the government is going to deprive a person of life, liberty and/or property they have to follow the proper procedures as per the laws and the Constitution). Normally, the Fourth Amendment protects citizens from unreasonable search and seizure. However by passing this law Congress has bypassed such protections by stating that searching the home of anyone suspected of terrorism without a warrant is valid under the new law. However, the principle of Substantive Due process is clear: the fact that procedural due process was respected under the new laws does not prevent such law from being unconstitutional as it violates the Fourth amendment.