http://www.cato-unbound.org Big Ideas for a Better World Mon, 06 Feb 2012 15:18:13 +0000 http://backend.userland.com/rss092 en Timothy Sandefur argues that the phrase "due process of law" is a promise of regular, non-arbitrary treatment by the government. That promise certainly entails procedural elements, but we would be hard-pressed to justify any of them without reference to a deeper, implicit, and ultimately substantive guarantee. "Citizens are entitled to procedures only because they are entitled to lawful treatment," Sandefur writes. Arbitrary, irrational, or merely self-serving government acts are not lawful acts, properly speaking, and they should be overturned on substantive grounds. The process of law that is due to citizens is not mere ritual or procedure; it also requires judges to ask whether the law serves public or merely private ends.]]> http://www.cato-unbound.org/2012/02/06/timothy-sandefur/why-substantive-due-process-makes-sense/