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Opinion of Rehnquist, C. J.
because the guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended." The protections of substantive due process have for the most part been accorded to matters relating to marriage, family, procreation, and the right to bodily integrity. See, e. g., Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833, 847-849 (1992) (describing cases in which substantive due process rights have been recognized). Petitioner's claim to be free from prosecution except on the basis of probable cause is markedly different from those recognized in this group of cases.
Petitioner relies on our observations in cases such as United States v. Salerno, 481 U. S. 739, 746 (1987), and Daniels v. Williams, 474 U. S. 327, 331 (1986), that the Due Process Clause of the Fourteenth Amendment confers both substantive and procedural rights. This is undoubtedly true, but it sheds little light on the scope of substantive due process. Petitioner points in particular to language from Hurtado v. California, 110 U. S. 516, 527 (1884), later quoted in Daniels, supra, stating that the words "by the law of the land" from the Magna Carta were " 'intended to secure the individual from the arbitrary exercise of the powers of government.' " This, too, may be freely conceded, but it does not follow that, in all of the various aspects of a criminal prosecution, the only inquiry mandated by the Constitution is whether, in the view of the Court, the governmental action in question was "arbitrary."
Hurtado held that the Due Process Clause did not make applicable to the States the Fifth Amendment's requirement that all prosecutions for an infamous crime be instituted by the indictment of a grand jury. In the more than 100 years which have elapsed since Hurtado was decided, the Court has concluded that a number of the procedural protections contained in the Bill of Rights were made applicable to the States by the Fourteenth Amendment. See Mapp v. Ohio, 367 U. S. 643 (1961), overruling Wolf v. Colorado, 338 U. S.
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