amendment substantive due process. >> who gives them the right to do that? if it's not mentioned in the constitution, where does the right of the court to substitute its views for that of the elected representatives of the people, where does that come from? >> the court has interpreted the 14th amendment to include this component, the unenumerated right does substantive due process and the court has said that the kinds of things to qualify are implicit in the concept of ordered liberty, excuse me, are deeply rooted in our nations history. those are standards that identify a narrow set of activities. >> well, the judge in the obergefell case, justice roberts