Procedural Due Process vs. Substantive Due Process

Procedural Due Process

• Definition: Refers to the fairness of the procedures used by the government to deprive an individual of life, liberty, or property.  
• Examples:
  • The right to notice before a government hearing.  
  • The right to an attorney in a criminal trial.  
  • The right to present evidence in a court of law.  

Substantive Due Process

• Definition: Limits the government’s ability to regulate certain areas of a person’s life even if fair procedures are followed. Protects fundamental rights.  
• Examples:
  • The right to privacy (e.g., Roe v. Wade)  
  • The right to marry (e.g., Obergefell v. Hodges)  
  • The right to travel

Beets R Us and Federal Jurisdiction

Article I, Section 8 of the U.S. Constitution grants Congress the power to regulate interstate commerce. This does not include purely intrastate activities, even if there are occasional out-of-state customers. Therefore, Beets R Us’s business practices would not be subject to federal jurisdiction under Article I, Section 8.  

Additional Considerations:

• The Commerce Clause has been interpreted broadly by the Supreme Court, but there are limits.  
• If Beets R Us were involved in interstate commerce (e.g., selling to grocery stores that distribute nationwide), its activities could potentially be subject to federal regulation.