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

¶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.