BUSA 13 (copy)

Commerce Clause

A constitutional provision empowering Congress to regulate interstate and international commerce.

Pendulum Theory

A concept reflecting the changing interpretations of the Commerce Clause affecting the balance of federal authority.

Gibbons v. Ogden

A landmark Supreme Court case that broadened the interpretation of the Commerce Clause to include intrastate activities impacting interstate commerce.

Miller v. Filburn

A case where the Supreme Court upheld Congress's right to regulate intrastate activities if they affected interstate commerce.

Hearts of Atlanta Motel

A landmark case where the Supreme Court ruled that discrimination in lodging could affect interstate commerce, expanding federal authority.

Dormant Commerce Clause

A legal doctrine limiting states from passing legislation that discriminates against or burdens interstate commerce.

Supremacy Clause

The constitutional principle that federal law takes precedence over state laws when there is a conflict.

First Amendment

The amendment protecting freedoms of speech, religion, press, assembly, and the right to petition the government.

Political Speech

Speech pertaining to public affairs, receiving the highest level of protection under the First Amendment.

Commercial Speech

Speech that promotes trade or commerce, which is protected but to a lesser extent than political speech.

Content Neutral Laws

Laws that apply to speech without regard to the content, often analyzed under the framework of First Amendment protections.

Flag Burning

An example of symbolic speech that raises issues of First Amendment protections versus societal values.

Public vs. Private Speech

The distinction between speech occurring in public governmental venues versus private platforms, affecting First Amendment considerations.