process. >> and who gives them the right to do that if it's not in the constitution? >> wr is the right of the court to substitute its views for that of the elected representatives of the people? >> the court has interpreted the 14th amendment to include this component. the unenumerated right to substantative due process and the court has said that the kinds of things that qualify are are implicit in the concept of ordered liberty or deeply rooted in our nation's history and tradition. those are standards that identify narrow set of activities. >> well, judge, in the oberfell case, justices roberts, in his descent, noted the court invalidated marriage laws of