What does substantive due process protect against?

Substantive due process is a constitutional principle that protects individuals from arbitrary or unjust laws and governmental actions that infringe upon fundamental rights. It goes beyond just the procedures that must be followed (which is the focus of procedural due process) and emphasizes the importance of certain rights being preserved against government encroachment.

The correct option highlights that substantive due process specifically safeguards individuals from unreasonable government intrusion on constitutional rights. This means that the government cannot arbitrarily or unfairly regulate or restrict rights that are deemed fundamental, such as the right to privacy, the right to marry, or the right to raise one's children.

The other options, while they identify important legal concepts, do not accurately describe the primary focus of substantive due process. For instance, unreasonable penalties by judges relate more to issues of fair trial rights and procedural due process. Inadequate legal representation touches on the right to counsel, which is more closely associated with the Sixth Amendment and procedural protections. Improper law enforcement conduct may involve actions that violate an individual’s rights but do not specifically inform the broader principle of substantive due process that protects against unjust government actions impacting fundamental rights.