AP US GOV: Key Constitutional Clauses

Privileges & Immunities

prevents governments from discriminating against citizens based on their state

Full Faith & Credit

“functional” federalism, states must respect the laws and court decisions of other states

Supremacy

state laws, courts, and constitutions are subordinate to federal law + the US constitution

The Supremacy clause applies when:

state and federal law conflict

The Supremacy clause does not apply when:

the federal government overstepped their power (overreach).

Commerce

gives the federal government regulatory power over interstate and foreign commerce

Another name for the elastic clause

the necessary and proper clause

Elastic

must be connected to an enumerated power (objected by Anti-federalists)

Takings (eminent domain)

government may seize private property for public use with just compensation according to market value

Due process

ensures fair treatment from government for all natural rights from arbitrary government intrusion (used in federal gov, vs. equal protection)

equal protection

ensures equal rights under the law (only applies to state government)

Emoluments

designed to protect the US from foreign influence, prevents bribery and formation of formal aristocracy