AP Gov Key Constitutional Clauses
Bill of Attainder
Congress cannot pass a law that singles out a person for punishment without trial
Commerce Clause
Congress can regulate trade between nations, between states, and among Indian tribes
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
Due Process 5th Amendment
The national gov. must observe fair procedures when it denies a person life, liberty, or property
Due Process 14th Amendment
State govs. must observe fair procedures when they deny a person life, liberty, or property
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
Equal Protection Clause
States cannot unreasonably discriminate against individuals. They must treat people "equally"
Establishment Clause
Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state
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
Extradition Clause
An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime
Free Exercise Clause
Congress cannot pass laws that ban freedom of worship
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
Preamble
This introduction to the Constitution identifies its broad purposes
Privileges & Immunities Clause
A state cannot unreasonably discriminate against citizens of other states
Reserved Power Clause
Any power that is not granted to the national gov., or denied to the states, automatically reverts to the states
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"
Supremacy Clause
Federal law is supreme over state law
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