clauses Flashcards
Commerce Clause - Article 1 Section 8
Congress can regulate trade between nations, between states, and among Indian tribes.
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.
Necessary and Proper Clause - Article 1, Section 8
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
Ex Post Facto Clause - Article 1, Section 9
A person cannot be punished for something he/she did that was not a crime committed
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
Congress cannot pass laws that ban freedom of worship.
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”
Supremacy Clause
Federal law is supreme over state law.
