Which form of due process aims to protect fundamental rights from government infringement?

Substantive due process refers to the principle that certain fundamental rights are protected from government infringement, emphasizing the content of the law rather than the procedures used to enforce it. It asserts that the government must respect these essential rights, such as the right to privacy, the right to marry, and the right to raise one's children. This form of due process is essential for ensuring that legislation or government action does not violate basic rights, even if the procedures used in implementing those laws are lawful.

In contrast, procedural due process focuses on the fairness of the processes by which laws are enforced, ensuring that individuals receive a fair hearing and the opportunity to defend their rights. The Takings Clause specifically addresses government authority to take private property for public use, requiring just compensation, and is a specific legal mechanism rather than a broad form of due process. Wrongful interference typically pertains to tort law and not directly to due process rights. Recognizing these distinctions clarifies why substantive due process is the correct choice for addressing the protection of fundamental rights from government infringement.