Constitutional Clauses

Question 1

The Commerce Clause (Article I, Section 8, Clause 3)

Answer 1

Gives Congress the power to regulate commerce (trade) between states, with foreign nations, and with Native American tribes. This clause is a foundation for much federal regulation.

Question 2

The Necessary and Proper Clause (Article I, Section 8, Clause 18)

Answer 2

Grants Congress the power to make all laws that are “necessary and proper” to carry out its powers listed in the Constitution. This is also known as the “Elastic Clause” because it allows for broad interpretation of congressional power.

Question 3

The Supremacy Clause (Article 6, Clause 2)

Answer 3

Establishes that the Constitution, along with federal laws and treaties, is the “supreme law of the land.” State laws that conflict with federal law are invalid.

Question 4

The Establishment Clause (1st Amendment)

Answer 4

Prohibits Congress from establishing a national religion or favoring one religion over another. This clause guarantees the separation of church and state.

Question 5

The Free Exercise Clause (1st Amendment)

Answer 5

Protects individuals’ right to practice their religion freely, without government interference, as long as it doesn’t harm others or violate other laws.

Question 6

The Due Process Clauses (5th + 14th Amendments)

Answer 6

These clauses ensure that no one is deprived of life, liberty, or property without due process of law.
The Fifth Amendment applies to the federal government, and the Fourteenth Amendment applies to the states.

Question 7

The Equal Protection Clause (14th Amendment, Section 1)

Answer 7

Ensures that all people are treated equally under the law. It has been the basis for many civil rights rulings, including cases on racial segregation and same-sex marriage.

Question 8

The Privileges and Immunities Clause (Article 6, Section 2)

Answer 8

Prevents states from discriminating against citizens of other states. Citizens of each state are entitled to the same privileges and immunities in every state.

Question 9

The Extradition Clause (Article 6, Section 2, Clause 2)

Answer 9

Requires that a person who is accused of a crime and flees to another state be returned (extradited) to the state where the crime was committed.

Question 10

The Full Faith and Credit Clause (Article 6, Section 1)

Answer 10

Requires states to recognize and respect the laws, records, and judicial decisions of other states.

Question 11

The Contracts Clause (Article I, Section 10, Clause 1)

Answer 11

Prohibits states from passing laws that interfere with private contracts. This ensures the stability of contracts across the country.

Question 12

The Take Care Clause (Article 2, Section 3)

Answer 12

Requires the President to “take care that the laws be faithfully executed.” This emphasizes the executive branch’s responsibility to enforce laws.

Question 13

The War Powers Clause (Article I, Section 8, Clause 11)

Answer 13

Gives Congress the power to declare war, raise and support armies, and maintain a navy. This clause limits the President’s power to engage in war without Congressional approval.

Question 14

The Treason Clause (Article III, Section 3)

Answer 14

Defines treason against the U.S. as levying war against the country or aiding its enemies. Conviction of treason requires the testimony of two witnesses or a confession in open court.

Question 15

The Electoral College Clause (Article 2, Section 1, Clause 2)

Answer 15

Establishes the method for electing the President and Vice President through electors. Each state appoints electors equal to its number of congressional representatives.

Question 16

The Voting Rights Clause (15th Amendment)

Answer 16

Prohibits the denial of voting rights based on race, color, or previous condition of servitude. It aimed to protect the rights of African Americans to vote.

Question 17

The Prohibition Clause (18th Amendment)

Answer 17

Banned the manufacture, sale, and transportation of alcoholic beverages. This was later repealed by the Twenty-First Amendment.

Question 18

The Women’s Suffrage Clause (19th Amendment)

Answer 18

Granted women the right to vote, prohibiting voting restrictions based on gender.

Question 19

The Income Tax Clause (16th Amendment)

Answer 19

Allows Congress to collect income taxes without apportioning them among the states or basing them on the census.

Question 20

The Presidential Term Limits Clause (22nd Amendment)

Answer 20

Limits the President to two terms in office (or a maximum of ten years if they assume office mid-term).

Question 21

The Presidential Succession Clause (25th Amendment)

Answer 21

Provides procedures for the succession of the President if they are unable to perform their duties, including the role of the Vice President.

Question 22

The Voting Age Clause (26th Amendment)

Answer 22

Lowers the voting age to 18, ensuring that anyone 18 years or older has the right to vote.

Question 23

The Compact Clause (Article I, Section 10, Clause 3)

Answer 23

Prohibits states from entering into treaties, alliances, or confederations without Congress’s consent.

Question 24

The Fugitive Slave Clause (Article 6, Section 2, Clause 3)

Answer 24

(repealed by the 13th Amendment): Required the return of escaped slaves to their owners.

Question 25

The Presentment Clause (Article I, Section 7, Clause 2):

Answer 25

Requires that all bills passed by Congress be presented to the President for approval or veto.

Question 26

The Advice and Consent Clause (Article 2, Section 2, Clause 2)

Answer 26

Gives the Senate the power to approve or reject presidential appointments, including judges, ambassadors, and other high officials.