AM Radio for Every Vehicle Act of 2025

Enumerated powers · raises concerns · severity: significant

Congress's power under the Commerce Clause (Article I, Section 8, Clause 3) extends to regulating interstate commerce, and this bill applies to vehicles manufactured, imported, or shipped in interstate commerce. However, the mandate is not a regulation of commerce itself but a product design mandate that is only tangentially related to commerce. The Supreme Court has limited Commerce Clause power to activities that substantially affect interstate commerce, and a mandate to include a specific radio technology is not a regulation of economic activity but a prescriptive design standard. This exceeds the enumerated powers because it is not a necessary and proper means to execute any enumerated power; it is a standalone mandate on manufacturing.

Bill of Rights · passes

The bill does not directly infringe on the First, Second, Fourth, Fifth, Sixth, Seventh, Eighth, or Ninth Amendments. It does not restrict speech, religion, assembly, press, or petition. It does not involve searches or seizures. It does not compel self-incrimination or take property without just compensation. It does not affect trial rights. The mandate is a commercial regulation, not a restriction on individual rights protected by the Bill of Rights.

Individual liberty · raises concerns · severity: significant

The bill restricts the freedom of manufacturers to decide what features to include in their products and the freedom of consumers to choose vehicles without AM radio. This is a restriction on the use of private property (the vehicle) and the freedom of contract. The government has not demonstrated a compelling justification for this restriction; while emergency alerts are important, the bill does not show that AM radio is the only or best means to deliver them, and it does not provide evidence that the market has failed. The burden is on the government to justify the restriction, and it has not met that burden.

Decentralization · raises concerns · severity: significant

The four-question test: (1) Could an individual or family handle this without government? Yes, individuals can purchase aftermarket AM radios or use other alert systems. (2) Could a local community or county handle this without state? Yes, local emergency management could use other alert methods. (3) Could a state handle this without federal? Yes, states could mandate AM radio within their borders, though interstate commerce might complicate. (4) Does this consolidate decision-making at a higher level than necessary? Yes, it imposes a federal mandate when state or local action, or market solutions, could suffice. The bill fails at least two questions, so it earns a C on this check.

Due process and takings · passes

The bill does not deprive any person of life, liberty, or property without due process. It does not take private property for public use without just compensation. The mandate imposes a cost on manufacturers, but that is a regulatory burden, not a taking. The bill provides for civil penalties and injunctions, but these are subject to judicial review, so procedural due process is satisfied.