<p><span>The shocks the conscience test for various forms of alleged government misconduct has been, and continues to be, enormously influential. Shocks the conscience cases are nearly innumerable. Unfortunately, courts have either failed to recognize, or have decided on no satisfactory response to, several fundamental problems with the shocks the conscience test and its application. These problems have increased as the society has divided and fragmented in relevant respects over time. On the accounting below, these fundamental problems are ten in number.</span></p>