constitutional clauses + 5 important court cases

commerce clause

used to justify legislation that regulates trade, creates a national health insurance system, and anything else related to the nation’s economy

full faith and credit clause

records, contracts, and judicial proceedings of one state must be respected by all other states

establishment clause

found in the 1st amendment, keeps the government from creating a state-wide religion

free exercise clause

found in the 1st amendment, allows people to believe in and practice any religion

exclusionary rule

found in the 4th amendment, keeps any evidence found during an illegal search out of court, not used against the defendant

self-incrimination clause

found in the 5th amendment, allows the accused to not speak about their role in a crime that has been committed

equal protection clause

found in the 14th amendment, forbids the government from treating different people differently in ways that harm one over another

due process clause

found in the 5th and 14th amendments, requires the government to follow fair procedures and protect individuals’ legal rights before depriving them of life, liberty, or property

mcculloch vs maryland

congress had implied powers under necessary and proper clause to create a national bank, ruled against maryland for trying to tax the bank, solidified federal supremacy over the states

gibbons vs ogden

court struck down new york’s monopoly on steamboat operations, ruled that only congress has the power to regulate interstate commerce

dred scott vs sandford

court ruled that enslaved people were property, not citizens, and could not sue in federal court

also declared missouri compromise unconstitutional and supported due process for the right to own slaves as property

miranda vs arizona

court held that suspects must be informed of their rights before police questioning, reshapes law enforcement procedures to protect the 5th amendment

us vs nixon

court unanimously ruled that nixon could not use “executive privlege” to withhold the watergate tapes from investigation, decided that not even the president is above the law