click below
click below
Normal Size Small Size show me how
Key Cons. Clauses
Key Constitutional Clauses
Term | Definition |
---|---|
Bill of Attainder | Congress cannot pass a law singling out a person for punishment without a trial |
Contracts Clause | States cannot pass law voiding or impairing contacts (including debts) |
Commerce Clause | Congress can regulate trade between nations, states, and Indian tribes |
Due Process, 5th Amendment | Government must observe fair procedures when depriving a person of life, liberty, or property |
Due Process, 14th Amendment | State governments must observe the fair procedures of the 5th amendment |
Elastic Clause | Congress can exercise non-stated power in a necessary and proper" manner while executing expressed powers |
Equal protection Clause, 14th Amendment | States cannot unreasonably discriminate against individuals |
Establishment Clause, 1st Amendment | Congress cannot establish an official religion, effectively separation of church and state |
Ex Post Facto Clause | People cannot be retroactively punished for something that was not a crime at the time |
Extradition Clause | A person who flees a state after committing crime must be returned |
Free Exercise Clause, 1st Amendment | Congress cannot ban freedom of worship |
Full Faith and Credit Clause | States must recognize the validity of the acts, records, court decisions, etc of other states |
Preamble | Defines the constitution's purpose: form a more perfect union,; establish justice; ensure domestic tranquility; provide for the common defense; promote the general welfare; secure liberty to posterity (6) |
Privileges and Immunities Clause | States cannot unreasonably discriminate against citizens of other states |
Search and Seizure Clause, 4th Amendment | Authorities can only search in accordance with proper procedures (warrants) |
Reserved Powers Clause, 10th Amendment | Powers not granted to the national government or denied from the states, are automatically the state's |
Supremacy Clause | Federal law is supreme over state law |
Talkings Clause, 5th Amendment | The government can take private property, but must provide fair compensation |