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AP Gov Clauses
Terms in this set (18)
Bill of Attainder Clause
Congress cannot pass a law that singles out a person for punishment with trial
Congress can regulate trade between nations, between states, and among Indian tribes.
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 of life, liberty, or property.
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
States cannot unreasonably discriminate against individuals. They must treat people "equally".
Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state.
Ex Post Facto Clause
Congress cannot pass a law that punishes a person after the fact. A person cannot be punished for something he/she did that was not a crime committed.
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
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.
The introduction to the Constitution identifies broad purposes.
Privileges and Immunities Clause
A state cannot unreasonably discriminate against citizens of other states.
Reserved Power Clause
Any power that is not granted to the national government, or denied to the states, automatically reverts to the states.
Search and Seizure Clause
This is a protection against unreasonable search and seizure. Must be "reasonable"
Federal law is supreme over state law.
Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property.
What is a civil case in which one party is seeking equitable or specific relief, such as specific performance of a contract or an injunction?
What is the right to refuse medical treatment?
Believing that a higher, or universal, law exists that applies to all human beings, and that each written law should reflect the principles inherent in this higher law, is
"When industries organize themselves on a national scale, making the relation to interstate commerce dominant in their activities, how can it be maintained that their industrial labor relations constitute a forbidden field into which Congress may not enter..."
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