Substantive due process ensures fair treatment by the government, and the Supreme Court determines the fairness of laws under this principle.
Substantive due process focuses on ensuring individuals are treated fairly by the government in terms of what the government intends to do to them, while procedural due process deals with how the government intends to do it. When the Supreme Court decides a case based on substantive due process, it is determining whether the law involved in the case is fair and if the individual's rights are being violated.
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