Substantive Due Process And Criminal Law

Substantive Due Process and Criminal Law By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar Following the United States Supreme Court case of Lochner v. New York (1905), all state and federal criminal laws must be in accordance with Substantive Due Process. Minimally, all criminal statutes must be rationally related to a legitimate state interest. Additionally, all criminal statutes cannot violate Equal Protection and cannot vioilate the First Amendment rights of freedom of association and freedom of speech. Spiritual and religious speech is consider political speech and spiritual and religious groups such as churches have the First Amendment right of freedom of association. Political Speech and political free association can only be found criminal with a charge of treason based upon an intent to violently overthrow the legitimate United States government.