18 terms

Constitutional Clauses

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Bill of Attainder Clause
Congress cannot pass a law that singles out a person for punishment without trial.
Commerce Clause
Congress can regulate trade between nations, between states, and among Indian tribes.
Contracts Clause
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
The national government must observe fair procedures when it denies a person life, liberty, or property.
Due Process Clause 14th Amendment
State governments must observe fair procedures when they deny a person life, liberty, or property.
Elastic Clause
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 1st Amendment
Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state.
Ex Post Facto Clause
No ... ex post facto law shall be passed.
Extradition Clause
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
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 & Immunities Clause
A state cannot unreasonably discriminate against citizens of 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 & 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
Federal law is supreme over state law.
Takings Clause 5th Amendment
Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property.