Which of the following is NOT a true statement regarding substantive due process?

Study for the CLEP Business Law Test. Engage with flashcards and multiple choice questions, each question has hints and explanations. Prepare effectively for your exam!

Substantive due process is a constitutional doctrine that protects individuals from arbitrary deprivation of life, liberty, or property by the government. This principle is grounded in the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution, rather than in Article I.

The correct answer reflects that substantive due process is not explicitly stated in Article I but is inferred from the broader protections afforded by the Due Process Clauses. The other statements accurately capture the essence of substantive due process: a properly enacted statute is necessary to avoid infringement on rights, government agencies must act within their constitutional powers, and the core principle of substantive due process is that individuals should not be deprived of their fundamental rights without legitimate justification. Therefore, the assertion regarding the location of substantive due process in the Constitution is incorrect, as it is not outlined in Article I but is instead derived from other constitutional amendments.

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