How does the Fifth Amendment apply to fundamental rights? Fundamental rights are a determining factor in the analysis under substantive due process. Fundamental rights are a critical part of the decision-making process in procedural due process. Fundamental rights are not a key part of the analysis of Fifth Amendment rights. Fundamental rights are a large consideration under the Takings Clause. Assessment question What does substantive due process require? Choose 2 answer choices. a legitimate governmental purpose if a fundamental right is involved a compelling governmental interest if a fundamental right is involved a compelling governmental interest if a non-fundamental right is involved a legitimate governmental purpose if a non-fundamental right is involved