Clauses/Processes/Compromise Flashcards
Due Process (Procedural/Substantive)
The Fourteenth Amendment
Protect citizens when the government deprives them of life, liberty, or property, and limits the government’s arbitrary exercise of its powers.
Procedural due process – Is the process fair?
Substantive due process - Does the government have the right to bring the action in the first place?
Free Exercise Clause
First Amendment
Protects citizens’ right to practice their religion as they please, so long as the practice does not run afoul of a “public morals” or a “compelling” governmental interest.
Establishment Clause
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Citizenship Clause
Fourteenth Amendment
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Equal Protection Clause
Fourteenth Amendment
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Equal opportunity Clause
Fourteenth Amendment
Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
Necessary and Proper/Elastic Clause
Article 1 Section 8 Constitution
to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof
Supremacy Clause
Article 1 Section 6 Constitution
designates the Constitution as the “supreme law of the land.”
Great Compromise
Established House of Representatives and Senate
3/5 Compromise
3/5 of slaves would be part of the population to give them an advantage
Amendment Process
-Congress passes with 2/3 votes through conventions
-State’s pass with 3/4 vote through conventions
-Reflects federalism, popular sovereignty, and republicanism