Constitutional Law: Commerce Clause & First Amendment

Commerce Clause

• Federal government power to regulate interstate commerce; interpreted broadly to cover activities that could affect interstate markets.

Health Insurance Tax (federal power over taxation)

• Idea: possible tax on people who don't have health insurance.
• Taxes do not have to apply evenly across all people; taxation power can be used to influence policy.

Due Process (constitutional rights)

• Due process rights exist under amendments; ensures fair treatment in government actions (mention of due process rights and fair procedures).

Freedom of Speech

• Government can restrict speech under certain standards; focus on content and justification.
• Types of restrictions discussed (content-based):
  • Defamatory speech
  • Obscene speech
  • Speech likely to incite violence
• Content-based restriction discussion centers on how the law must be justified.
• Analysis/Test for restricting speech (three-part test):
  • 1) $\text{Compelling government interest}$
  • 2) $\text{Narrowly tailored to achieve that interest}$
  • 3) $\text{Least restrictive means}$
• Note: The speaker should start with identifying the first element before applying the test.