Is the Constitution in Harm's Way?Substantive Due Process and Criminal Law

Abstract

¶1. For quite some time, scholars have debated whether or not there are any constitutional limits to substantive criminal law.[1] Although the Court has cautiously resisted the chance to constitutionalize criminal law overtly, it has been delving into substantive criminal law since the turn of the twentieth century.[2] To be sure, the Court often disguises these forays as cases about substantive due process generally, and privacy, specifically.