Constructing Basic Liberties: A Defense of Substantive Due Process

  Many of our most fundamental rights and liberties in the United States are protected under substantive due process, the idea that courts can protect certain freedoms from government interference. Against a tapestry of attacks on the merits of substantive due process, Fleming defends the doctrine in Constructing Basic Liberties (University of Chicago Press), reaffirming what he argues are its underlying coherence and importance to constitutional democracy.