Constittounal Clauses Flashcards
commerce clause
Meaning: Congress can regulate trade between states and with foreign nations.
Why it matters: Used to expand federal power (like civil rights laws or drug laws)
War Powers Clause
Meaning: Only Congress can declare war.
Why it matters: Limits the president’s war powers
elastic clause
Meaning: Congress can make laws needed to carry out its listed powers.
Why it matters: Allows for implied powers (like creating a national bank)
emoluents clause
Meaning: Federal officials can’t accept gifts or titles from foreign governments.
Why it matters: Prevents corruption and foreign influence
ex post facto clause
Meaning: You can’t be punished for something that wasn’t a crime when you did it.
Why it matters: Protects against retroactive laws.
bill of attainder clause
Meaning: Congress can’t pass laws that punish someone without a trial.
Why it matters: Protects due process.
contracts clause
Meaning: States can’t interfere with private contracts.
Why it matters: Limits state power over economic matters.
executive powers clause
Meaning: All executive power belongs to the president.
Why it matters: Defines the president’s role as head of the executive branch.
Take care clause
Meaning: The president must enforce all laws.
Why it matters: Prevents selective law enforcement.
full faith and credit clause
Meaning: States must recognize each other’s laws and official documents.
Why it matters: Keeps legal consistency across states.
privilleges and immunites clause
Meaning: States must treat out-of-state citizens fairly.
Why it matters: Prevents discrimination based on state residency.
extradition clause
Meaning: States must return fugitives to the state where the crime was committed.
Why it matters: Ensures justice across state lines.
supremacy clause
Meaning: Federal law overrides state law.
Why it matters: Federal laws are the supreme law of the land.
establishment clause
Meaning: The government can’t establish or favor a religion.
Why it matters: Basis for separation of church and state.
Free Exercise clause
Meaning: You can freely practice your religion.
Why it matters: Protects religious actions as well as beliefs.
takings clause
Meaning: Government must give fair payment if it takes private property for public use.
Why it matters: Protects property rights.
due process clause
Meaning: Government must follow fair procedures before taking life, liberty, or property.
Why it matters: Protects civil liberties; also used to apply the Bill of Rights to the states.
equal protections clause
Meaning: States must treat all people equally under the law.
Why it matters: Supports civil rights laws and anti-discrimination rulings.
