Key Constitutional Clauses

Bill of Attainder Clause

Article 1, Sect. 9, Clause 3

Prohibits both Congress and state legislatures from passing laws that punish individuals or groups without a fair trial; Congress cannot pass a law that singles out a person for punishment without trial, upholding due process

Commerce Clause

Article 1, Sect. 8, clause 3

Congress can regulate trade between nations, states, and Native American tribes

Contracts Clause

Article 1, section 10, clause 1

No state can interfere with the execution of contracts.

(Ex: a state can’t pass a law that declares all debts to be null and void)

Due Process - 5th Amendment

Guarantees fairness and justice in legal proceedings and national government actions. It ensures that individuals are treated fairly and that their rights are protected when the national government takes actions that could affect their life, liberty, or property. 

Due Process - 14th Amendment

Guarantees fairness and justice in legal proceedings and state government actions. It ensures that individuals are treated fairly and that their rights are protected when the state government takes actions that could affect their life, liberty, or property. 

Elastic Clause - “Necessary and Proper” Clause

Article 1, section 8, clause 18

Congress can exercise powers not specifically state in the Constitution if those powers are “necessary and proper” to carry out its expressed powers.

Equal Protection Clause - 14th Amendment

States cannot unreasonably discriminate against individuals or groups. It ensures that all people are treated equally under the law.

Establishment Clause - 1st amendment

Congress cannot establish an “official” religion. Reinforces separation of church and state.

Ex Post Facto Clause

Article 1, section 9, clause 3

Congress cannot pass a law that punishes a person after the fact; A person cannot be punished they did that was not a crime when committed.

Extradition Clause

Article 4, section 2, clause 2

An accused person who flees to another state must be returned to the state in which they allegedly committed the crime.

Free Exercise Clause - 1st Amendment

Congress cannot pass laws that ban freedom of worship

Full Faith and Credit Clause

Article 4, section 1

A state must publicly recognize the validity of the public acts, records, and court decisions of other state.

(Ex: a state must recognize the marriage licenses issued by another state.)

Privileges and Immunities Clause

Article 4, section 2, clause 1

A state cannot discriminate against citizens from other states

Reserved Power Clause - 10th Amendment

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

Search and Seizure Clause - 4th amendment

Protects against unreasonable searches and seizures without a warrant or probable cause.

Supremacy Clause

Federal law is supreme over state

Takings Clause - 5th Amendment

The government cannot take private property for a public purpose, but it must provide fair compensation to the owners of that property.