[UncleMeat]

Is your claim seriously that all expansive readings of any part of the constitution, even those that expand the power of the state rather than limiting the power of the state, are somehow the fault of substantive due process?

[rayiner]

The constitution considers various tradeoffs and draws the lines where it draws them. The constitution creates quite a powerful government in some respects, and limits government power in other respects. And while the federal government is one of enumerated powers, the state governments were always understood to have the general police power, limited only as set forth in their respective constitutions or federal constitutional provisions.

There is no meta-principle by which you can say expansive, results-oriented interpretations are acceptable to move the lines in one direction but not the other. If emanations from penumbras is a valid interpretive methodology it’s valid for everything.