Ready?

I was born ready.

Welcome to advisory opinions. I'm Sarah Isger, That's David French. And we're going to dedicate

basically an entire episode to one listener question. It's going to walk us through the entire

history of the Constitution, the Supreme Court, some of the biggest cases that every even non-lawyer, who at least listens to this

podcast, will be familiar with, all of it. And then at the end, we might bring back Grifter, Sarah,

for just a few minutes. She's been so lonely out there. All this and more on advisory opinions.

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All right, David, I've been saving this question for the pod because it is not a tack on at the end.

We'll give it a quick answer question.

Let me read it to you.

Can you guys destroy the best steel man of incorporation through substantive due process soon?

I remember in law school reading the due process clause and not understanding why people hated substantive due process soon? I remember in law school reading the due process clause and not

understanding why people hated substantive due process so much. Quote, nor shall any state deprive any

person of life, liberty, or property without due process of law. Isn't substantive due process just

defining what life, liberty, and property interests are? The low-hanging fruits are enumerated rights, but we know that there are life-liberty and property interests that are not enumerated, so maybe there are some other rights the courts can read in. Granted, I think the unenumerated rights part is a problem, but it seems like a lot of folks act like unenumerated rights combined with the corporation through the due process clause is stupid. I have felt embarrassed

that I don't really get this point ever since. What should I read to understand why my question is

...