Interstate Commerce
The highways, railroads, rivers, and internet through which interstate commerce travels.
What are channels of interstate commerce?
This Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
What is the First Amendment?
This is the first step in a free speech analysis of a particular law.
What is whether the restriction is content-based or content-neutral?
The 14th Amendment Due Process clause guarantees these things to all persons unless removed by due process of law.
What are life, liberty, and property?
The President takes all of his constitutional power from this Article of the Constitution.
What is Article 2?
The trucks, trains, planes, boats, and technology (or any other tool) that conducts interstate commerce.
What are instrumentalities of interstate commerce?
Courts apply this level of scrutiny when determining if an individual's free exercise of religion has been infringed upon.
What is strict scrutiny?
When a law is content-based, the Court applies this level of scrutiny.
What is strict scrutiny?
If these types of rights are violated by a law, the Court applies strict scrutiny.
What are fundamental rights?
The President has two sources of power: the Constitution and this.
What are acts of Congress?
The selling of driver's license information to potentially out of state buyers (as a very specific example of this element of interstate commerce).
What are activities substantially related to interstate commerce?
When an individual's free exercise rights have been infringed upon, courts consider this before deciding to apply strict scrutiny.
What is whether the law puts a substantial burden on their free exercise? (Also allowed: whether the law is neutral.)
When a law is content-neutral, the Court considers this.
What is whether the law leaves open other channels of communication? (Also allowed: whether the law only restricts the time, place, and manner of speech.)
Strict scrutiny requires that a law be narrowly tailored to advance this type of government interest.
What is a compelling government interest?
There are this many categories of presidential action.
What are 3?
Congress' powers (including the power to regulate interstate commerce) are outlined in this Article of the Constitution.
What is Article 1?
This occurs when the government's restriction of someone's free exercise of religion also appears as though the government is endorsing or discriminating against a religion.
What is a conflict or tension between the Establishment Clause and the Free Exercise Clause?
These types of speech receive the highest level of protection.
What are political speech, creative speech, and expressive speech?
This clause of the 14th Amendment says that no state shall deny to any person this.
What is the equal protection of the laws?
The President is at his least powerful when taking this type of action.
What is acting without congressional authorization or against the will of Congress?
This type of commerce occurs only within a single state and cannot be regulated by Congress.
What is intrastate commerce?
To determine if the Establishment Clause is being violated, The Supreme Court has shifted from using this test to considering whether the religious content is "government speech."
What is the Lemon test?
These types of speech receive the lowest level of protection.
What are obscenity, hate speech, fighting words, or speech inciting illegal activity?
The Due Process clause is the source of this type of due process jurisprudence.
What is "substantive due process"?
The President is limited to only his constitutional powers when taking this type of action.
What is acting in absence of congressional involvement (Congress is silent)?