Constitutional Clauses AP GOV

Commerce Clause

Article I Section 8

• Congress has the power to regulate “interstate commerce” (with foreign nations, among the several states, and with the Indian tribes)

  • Commerce = trade 

Necessary & Proper Clause

Article I Section 8

• Congress has the power to make all laws “necessary and proper for carrying into execution the foregoing powers”. 

  • Also called the Elastic Clause.

  • Examples: Creating an air force, minimum wage 

Ex Post Facto Clause

Article I Section 9

• Prohibits Congress from punishing someone for a crime committed before it was actually a crime.

• Means “after the fact”

Full Faith & Credit Clause

Article IV Section 1

• Court rulings/records/government documents have to be recognized state to state

  • Examples: drivers license, marriage license 

Privileges & Immunities Clause

Article IV Section 2

• Have to enforce laws equally to citizens and non-citizens of your state

  • Exception: college tuition rates

Supremacy Clause

Article VI

• Constitution and federal laws made under it are supreme law of the land.

• In a fight between federal law and state/local law, federal wins

• Constitution is always superior

Due Process Clause

5th Amendment (Federal), 14th Amendment (State)

• No state shall deprive any person of life, liberty, of property, without due process of law.  Used to justify Civil Liberties (Bill of Rights) & through the 14th amendment, incorporation of those to the states (which means that the states cannot have laws which restrict those liberties either)

Reserved Powers

10th Amendemnt

• Any power that is not granted to the national government, or denied to the states, automatically reverts to the states.

  • Examples: Education, elections

Establishment Clause

• First Amendment

• Government cannot establish an official religion.

• Creates separation of church and state.

• Ex: School-sponsored prayer issues.

Free Exercise Clause

• First Amendment

• People can practice their religion freely.

• Protects religious liberty.

• Ex: Wearing religious clothing in public.

Equal Protection Clause

• 14th Amendment

• States must treat people equally under the law.

• Foundation of civil rights.

• Ex: Used in Brown v. Board of Education to end segregation.