AP Government Constitutional Clauses

Bill of Attainder Clause (Article I, §9, clause 3)

No bill of attainder ... shall be passed.

Translation: Congress cannot pass a law that singles out a person for punishment without trial.

Commerce Clause (Article 1, Section 8)

Congress can regulate commerce with foreign nations, among the several states.

Contracts Clause (Article I, §10, clause 1)

No state shall ... pass any ... law impairing the obligation of contracts ...

Translation: 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 Clause (5th Amendment)

No person shall ... be deprived of life, liberty, or property, without due process of law;

Translation: The national government must observe fair procedures when it denies a person life, liberty, or property.

Elastic Clause (Necessary and Proper Clause)

The clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated powers.

Equal Protection Clause (14th Amendment)

...nor shall any state ... deny to any person within its jurisdiction the equal protection of the laws.

Translation: States cannot unreasonably discriminate against individuals. They must treat people "equally."

Establishment Clause (1st Amendment)

Congress shall make no law respecting an establishment of religion.

Translation: Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state.

Ex Post Facto Clause (Article I, §9, clause 3)

No ... ex post facto law shall be passed.

Translation: 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 (Article IV, §2, clause 2)

Translation: 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 (1st Amendment)

Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof ...

Translation: Congress cannot pass laws that ban freedom of worship.

Full Faith and Credit Clause (Article IV §1)

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

Introduction to the Constitution, beginning, "We the People of the United States..."

Privileges and Immunities Clause (Article IV §2 clause 1)

A state cannot unreasonably discriminate against citizens of 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 & Seizure Clause (4th Amendment)

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 (Article VI clause 2)

Federal law is supreme over state law

Takings Clause (5th Amendment)

Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property.