constitution clauses

all the clauses in the US constitution (why do half of them say the same thing)

confrontation clause

confrontation clause

Sixth Amendment - gives a criminal defendant the right to confront witnesses who are offering testimonial evidence against the defendant in court

general welfare clause

Article I, Section 8, Clause 1 - grants Congress the power to tax and spend for the general welfare of the people

• allows Congress to spend money on a wide range of programs and initiatives that promote the general welfare, such as education, healthcare, and social welfare programs

commander-in-chief clause

Article II, Section 2, Clause 1 - designates the President as the commander-in-chief of the nation's armed forces and militia of several states

• gives the President the power to direct military operations and make strategic decisions during times of war or national emergency

war clause

Article I, Section 8 - grants Congress the power to declare war, grant letters of Marque and Reprisal, and make rules concerning Captures on Land and Water”

• President can declare war only if Congress agrees

free exercise clause

First Amendment - prohibits the government from interfering with an individual's religious beliefs or practices

• ensures that individuals have the right to freely exercise their religion without government interference or persecution

due process clause of the fifth amendment

prohibits the federal government from depriving any person of life, liberty, or property without due process of law

• ensures that individuals are entitled to certain procedural protections before the government can take away their rights or property

due process clause of the fourteenth amendment

prohibits the government from depriving individuals of "life, liberty, or property, without due process of law”

• specifically says that States cannot deprive you of your rights or property

equal protection clause

Fourteenth Amendment - prohibits states from denying any person within its jurisdiction the equal protection of the laws

• has been used to combat discrimination based on race, gender, and other protected characteristics

freedom of speech clause

First Amendment - protects an individual's right to express themselves without government interference or censorship

• limited if your speech infringes on the rights or safety of others

takings clause

Fifth Amendment - private property cannot be taken for public use without proper compensation

grand juries clause

Fifth Amendment - requires federal criminal charges to be brought by a grand jury, except in certain cases

• intended to protect individuals from government abuse and ensure fair treatment within the criminal justice system

supremacy clause

Article VI, Clause 2 - establishes the authority of federal law over state law

• if there is a conflict between federal and state law, federal law must be followed.

freedom of press clause

First Amendment - protects the right of individuals and organizations to publish and distribute information and opinions without government censorship or interference

advice and consent clause

Article II, Section 2, Clause 2 - requires the President to obtain the approval of the Senate before appointing certain public officials or entering into certain international agreements.

• the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States”

commerce clause

Article I, Section 8, Clause 3 - grants Congress the power to regulate commerce (trading, exchanges, etc.) among the states and with foreign nations

copyright clause

Article I, Section 8, Clause 8 - grants Congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

right to assemble and petition clause

First Amendment - protects the rights of individuals to peacefully assemble and petition the government for a redress of grievances

elastic clause

Article I, Section 8 - grants Congress the power to pass any laws necessary and proper for carrying out the powers granted to the federal government by the Constitution

• also known as the Necessary and Proper Clause

emoluments clause

Article II, Section 1, Clause 7 - prohibits federal officials, including the President, from receiving gifts, payments, or other benefits from foreign governments without the consent of Congress

• intended to prevent conflicts of interest and foreign influence on US officials

establishment clause

First Amendment - separates church and state and forbids government from making an official religion or favoring one religion over another

spending clause

Article I, Section 8, Clause 1 - grants Congress the power to allocate and distribute funds for various governmental purposes and “collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare”

full faith and credit clause

Article IV, Section 1 - all states should respect other states’ proceedings and Congress can create laws to make guidelines for how states should respect others

implied powers clause

Article I, Section 8 - Congress can make “all Laws which shall be necessary and proper” to carry out its stated or enumerated powers

interstate commerce clause

Article I, Section 8, Clause 3 - Congress has the authority to control trade and business that crosses state lines

• includes things like buying and selling goods, transportation of goods, and any other economic activities that involve more than one state

• purpose is to ensure that there is a fair and uniform system of commerce between states

naturalization clause

Article I, Section 8, Clause 4 - Congress has the power over immigration and determines what makes someone a US citizen

• if you are born or become a US citizen, you are also a citizen of the state you reside in

necessary and proper clause

Article I, Section 8 - grants Congress the power to pass any laws necessary and proper for carrying out the powers granted to the federal government by the Constitution

• also known as the Elastic Clause

privileges and immunities clause

Article IV, Section 2 - States cannot make laws that take away the privileges of its citizens, and they cannot take away life, liberty, and property without due process of law

search and seizure clause

Fourth Amendment - prevents unreasonable property/people searches and seizures by the gov and it cannot be done without a proper warrant (describes the person or place to be searched and person or thing being seized)

speedy trial clause

Sixth Amendment - in a criminal prosecution, a trial must be held with minimal delay and must be speedy and public