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AP Gov Key Constitutional Clauses

1.

Bill of Attainder

Congress cannot pass a law that singles out a person for punishment without trial

2.

Commerce Clause

Congress can regulate trade between nations, between states, and among Indian tribes

3.

Contracts Clause

No state can interfere with the execution of contracts. For example, a state could not pass a law that declares all debts to be null and void

4.

Due Process 5th Amendment

The national gov. must observe fair procedures when it denies a person life, liberty, or property

5.

Due Process 14th Amendment

State govs. must observe fair procedures when they deny a person life, liberty, or property

6.

Elastic Clause

Congress can exercise powers not specifically stated in the Constitution if those powers are "necessary and proper" for carrying out it's expressed powers that are specifically states

7.

Equal Protection Clause

States cannot unreasonably discriminate against individuals. They must treat people "equally"

8.

Establishment Clause

Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state

9.

Ex Post Facto Clause

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

10.

Extradition Clause

An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime

11.

Free Exercise Clause

Congress cannot pass laws that ban freedom of worship

12.

Full Faith and Credit Clause

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

13.

Preamble

This introduction to the Constitution identifies its broad purposes

14.

Privileges & Immunities Clause

A state cannot unreasonably discriminate against citizens of other states

15.

Reserved Power Clause

Any power that is not granted to the national gov., or denied to the states, automatically reverts to the states

16.

Search & Seizure Clause

This is a protection against unreasonable search and seizure. The authorities do not have a general power to search and arrest individuals at any time, at any place, and in any manner; rather, they can only do so according to specified procedures that must be "reasonable"

17.

Supremacy Clause

Federal law is supreme over state law

18.

Takings Clause (Eminent Domain)

Gov. can take private property for a public purpose, but it must provide fair compensation to the owners of that property