Key Constitutional Clauses Flashcards
Congress cannot pass a law that singles out a person for punishment without trial. (Trial by jury.)
Bill of Attainder Clause Article I, Clause 3
Congress can regulate trade between nations, between states, and among Indian tribes. (Gibbon vs. Ogden)
Commerce Clause Article I, Clause 3
No state can interfere with execution of contracts. For example, a state cannot pass a law that declares all debts to be null and void. (If you move to another state, you still have a debt in your first state.)
Contracts Clause Article I, Clause 1
The national government must observe fair procedures when it denies a person life, liberty, or property.
Due Process Clause 5th Amendment
State governments must observe fair procedures when they deny a person life, liberty, or property. (Gideon v. Wainwright, 1963)
Due Process Clause 14th Amendment
States cannot unreasonably discriminate against individuals. they must treat people “equally”.
Elastic Clause Article I, Clause 18
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
Congress cannot establish an “official” religion. This, in effect, provides for separation of church and state.
Establishment Clause 1st Amendment
Congress cannot pass a law that punishes a person retroactively, i.e., after the fact. In other words, a person cannot be punished for something he/she did that was not a crime when committed.
Ex Post Facto Clause Article I, Clause 3
An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime.
Extradition Clause Article IV, Clause 2
Congress cannot pass laws that band freedom of worship.
Free Exercise Clause 1st Amendment
A state must recognize the validity of the public acts, records, and court decisions of other states. For example, a state must recognize as valid the birth certificate issued by another state.
Full Faith and Credit Clause Article IV
This introduction to the Constitution identifies its broad purposes.
Preamble
A state cannot unreasonably discriminate against citizens of other states.
Privileges & Immunities Clause Article IV, Clause 1
Any power that is not granted to the national government, or denied to the states, automatically reverts to the states.
Reserved Power Clause 10th Amendment
