Key constitutional clauses
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18 terms
Terms | Definitions |
|---|---|
 Bill of attainder clause article I, 9, clause 3 | Translation: Congress cannot pass a law that singles out a person for punishment with out trial. |
| Commerce Clause Article I, section 8 clause 3 | Congress can regulate trade between nations, between state, and among Indian tribes. |
| Contracts Clause Article I, section 10, clause 1 | No state can interfere with the execution of contracts. For example, a state could not pass a law that declares all debts to be null and void. |
| Due Process Clause 5th Amendment | National government must observe fair procedures when it denies a person life, liberty, or property. |
| Due Process Clause 14th Amendment | state government must observe fair procedures when they deny a person life, liberty, or property. |
| Elastic Clause Article I section 8 clause 18 | congress can exercise powers not specifically stated in the constitution if those powers are "necessary and proper" for carrying out its expressed powers that are specifically stated. |
| Equal Protection Clause 14th Amendment | States cannot unreasonably discriminate against individuals. They must treat people "equally." |
| Establishment Clause ist Amendment | Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state. |
| Ex Post Facto Clause Article I, section 9, clause 3 | Congress cannot pass a law that punishes a person retroactively, i.e., after the fact. In other words, a person cannot be punished for something he/she did that was not a crime when committed. |
| Extradition Clause Article IV section 2 clause 2 | An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime. |
| Free Exercise Clause 1st Amendment | Congress cannot pass laws that ban freedom of worship. |
| Full Faith and Credit clause Article IV section 1 | A state must recognize the validity of the public acts, records, and court decisions of other states. For example, a state must recognize as valid the birth certificate issued by another state. |
| Preamble | This introduction to the Constitution identifies its broad purposes. |
| Privileges and immunities Clause Article IV, section 2, clause 1 | A state cannot unreasonably discriminate against citizens of the other states. |
| Reserved Power Clause 10th Amendment | Any power that is not granted to the national government, or denied to the states, automatically reverts to the states. |
| Search and Seizure Clause 4th Amendment | This is a protection against unreasonable search and seizure. The authorities do not have a general power to search and arrest individuals at any time, at any place,and in any manner; rather, they can only do so according to specified procedures that must be "reasonable." |
| Supremacy Clause Article VI, clause 2 | Federal law is supreme over state law |
| Taking Clause 5th Amendment | Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property. |
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