Key Constitutional Clauses

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18 Terms

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Bill of Attainder

Congress cannot pass a law singling out a person for punishment without trial

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Contracts Clause

States cannot pass laws voiding or impairing contracts (including debt)

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Commerce Clause

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

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Due Process, 5th Amendment

Government must observe fair procedures when depriving a person of life, liberty, or property

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Due Process, 14th Amendment

State governments must observe the fair procedures of the 5th amendment

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Elastic Clause

Congress can exercise non-stated power in a "necessary and proper" manner while executing expressed powers

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Equal protection Clause, 14th Amendment

States cannot unreasonably discriminate against individuals

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Establishment Clause, 1st Amendment

Congress cannot establish an official religion; effectively separation of church and state

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Ex Post Facto Clause

People cannot be retroactively punished for something that was not a crime at the time

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Extradition Clause

A person who flees a state after committing crime must be returned

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Free Exercise Clause, 1st Amendment

Congress cannot ban freedom of worship

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Full Faith and Credit Clause

States must recognize the validity of the acts, records, court decisions, etc of other states

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Preamble

Defines the constitution's purpose: form a more perfect union; establish justice; ensure domestic tranquility; provide for the common defense; promote the general welfare; secure liberty to posterity (6)

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Privileges and Immunities Clause

States cannot unreasonably discriminate against citizens of other states

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Search and Seizure Clause, 4th Amendment

Authorities can only search in accordance with proper procedures (warrants)

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Reserved Powers Clause, 10th Amendment

Powers not granted to the national government or denied from the states, are automatically the state's

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Supremacy Clause

Federal law is supreme over state law

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Takings Clause, 5th Amendment

The government can take private property, but must provide fair compensation