Dedicated Discussion Meetup on Substantive Due Process

All:

There are a few upcoming events over the next month or so. As a reminder there is a field trip to the US Army Museum this weekend, Sunday June 25th, and board games in Crystal City on Sunday July 9th. I am also announcing another single topic discussion meetup, on Substantive Due Process, for July 15th in Herndon. Details are below. I hope you can come to some or all of these events.

In Gratitude,

Ben Schwab

Discussion Meetup on Substantive Due Process

• Saturday, July 15th, doors at 6:30, discussion starting at 7:30PM

• 205 Meeting House Station Square #403,
  Herndon, Virginia 20170

• Facebook Event for RSVPs and discussion: https://www.facebook.com/events/832400967725604

This will be the third of the renewed ACX Washington Discussion Meet-ups. The question to be discussed is "Does substantive due process have a place in American law?” An appendix with ChatGPT’s summary follows at the end of this post.

The discussion will happen from approximately 7:30 pm until 9:00 pm. You can arrive as early as 6:30 PM and there will be an informal social before and after the dedicated discussion. Some snacks and refreshments will be provided; feel free to bring your own.

This will take place at 205 Meeting House Station Square #403, Herndon, Virginia 20170. There is a parking lot for the building, nearby street parking, and rides from the Herndon metro station can be arranged. Call or Text Ben at 240-391-6021 to gain entry to the building.

Questions can be directed to Ben Schwab at schwabbenjamin [at] gmail [dot] com, or discussed in the facebook event.

Other Upcoming

Field Trip to the National Museum of the US Army this Sunday, June 25th. The museum is a few miles south of the Franconia-Springfield metro station, in Fort Belvoir, VA. It seems well-reviewed, but has often been overlooked since it opened in 2020. We have group tickets for 2pm, and are happy to arrange carpooling for anyone who needs a ride. See the facebook event or newsletter announcement post for more detail.

Casual Board Games at "The Landing" in Crystal City on Sunday, July 9th. People drop in and out from Noon until 3 or 4 PM, we start up a game or two as people arrive, with different pick-up groups forming as the first games finish. We focus on those that can be completed in an hour or less, so that everyone has the chance to try a few. See the facebook event or newsletter announcement post for more detail.

Dedicated Discussion Meetup on Saturday, August 5th at John’s apartment in Arlington, Virginia. The topic will be "Are large institutions and bureaucracies a useful analogy for Artificially Intelligent agents?” Details to follow in a later post.

In lieu of our own board game event in August, we’re instead encouraging anyone interested to attend Bryan Caplan’s “Capla-Con.” This is his personal “festival of nerdity,” with a focus on board games and discussing the ideas underpinning the GMU Economics Department. Caplan’s writings are widely discussed in ACX and LessWrong circles, particularly on education as signaling, parenting styles, and mental illness as preferences. He confirmed to us that anyone on our mailing list is welcome. This year Capla-Con will be at Carow Hall on the George Mason campus from Noon to Midnight on each of August 12th and 13th. See his facebook event for details: https://www.facebook.com/events/257722733593745 .

Appendix: Chat GPT’s Substantive Due Process Summary

The term "Substantive due process" refers to a judicial interpretation of the Due Process Clause of the US Constitution that goes beyond procedural protections and extends to substantive rights. It implies that certain fundamental rights are inherent in the concept of due process and cannot be deprived by the government, regardless of procedural compliance.

The most prominent rights that have been protected using the substantive due process analysis are abortion and contraception. But this doctrine underpins many other Supreme Court decisions on topics such as parental rights, the right to marry someone of the same sex or a different race, and the right to private consensual sexual relations. Here are a few bullet points outlining arguments for and against the doctrine:

For "Substantive Due Process":

• Protecting Individual Rights: Proponents argue that substantive due process is necessary to protect fundamental rights that are not explicitly mentioned in the Constitution. It allows the Court to recognize and safeguard rights such as privacy, personal autonomy, and bodily integrity.

• Evolving Interpretation: Supporters contend that substantive due process allows the interpretation of the Constitution to adapt and evolve with changing societal norms and values. It ensures that the Constitution remains relevant and responsive to the needs and aspirations of contemporary society.

• Limiting Government Power: Advocates assert that substantive due process acts as a check on government power by requiring legislative and executive actions to adhere to fundamental rights and principles. It prevents the government from encroaching upon individual liberties without proper justification.

Against "Substantive Due Process":

• Judicial Activism: Critics argue that substantive due process gives judges excessive discretion to make policy decisions and create new rights. They contend that it undermines the democratic process by allowing unelected judges to impose their personal values and beliefs on society.

• Lack of Clarity: Detractors assert that the concept of substantive due process lacks a clear and coherent definition. They argue that its broad and subjective nature makes it difficult to establish consistent standards and predict how the Court will interpret and apply it in different cases.

• Legislative Role: Opponents contend that substantive due process improperly interferes with the role of the legislature in making policy decisions. They argue that societal values and public interests should be determined through the democratic process rather than being determined by judicial fiat.

It's important to note that these bullet points provide a brief overview of the arguments and are not exhaustive. The discussion will delve deeper into these points and allow attendees to express their perspectives and engage in a lively conversation about the topic.