AP US Gov - Constitutional Clauses

Establishment Clause

Part of the 1st Amendment that prohibits the federal government from creating (establishing) an official religion.

Free Exercise Clause

Part of the 1st Amendment that gives citizens the freedom to practice their religion as they see fit (there can be limits...for example, you can't sacrifice humans).

Interstate Commerce Clause

Gives Congress the power to regulate commerce between the states, with foreign nations, and Indian tribes. This clause has been used to greatly expand the power of the federal government because if a policy area can be tied to interstate commerce, it's under Congress' authority.

Necessary & Proper Clause AKA "The Elastic Clause"

Congress has the power to create laws that are "necessary and proper" to carrying out their other powers. This vague clause has allowed the federal government to gain power because so many things can be "necessary and proper" - like a Bank of the United States (McCulloch v. MD)

Equal Protection Clause

"Part of the 14th Amendment that says that no state can deprive a person the equal protection of the laws. This clause is used in many civil rights cases."

Takings Clause

Part of the 5th Amendment that prohibits the government from taking your property for public use without "just compensation." The power of a government to take property is AKA eminent domain."

Founders belief about Human Nature

The Founders believed that humans were by nature selfish (not evil, just selfish).

Our government's system of checks and balances is designed to place one branch's selfishness against another branch's selfishness. Therefore, "ambition counteracts ambition."

Supremacy Clause

The Constitution and other laws and treaties made by the national government are "the Supreme Law of the Land"

Full Faith & Credit Clause

A clause in Article IV that states that other states should respect the public records, acts, and judicial proceedings of the other states.

Due Process Clause

No state shall deprive people of life, liberty, or property without due process of law.

This clause found in the 14th Amendment has been used to incorporate or nationalize the Bill of Rights to protect people from actions of their national AND state governments.

Vesting Clause

All executive power is given to the POTUS

Take Care Clause

The President must ensure "the laws be faithfully executed."

Advice & Consent Clause

The President can exercise his/her power to enter into treaties with other countries and make appointments of judges and other officials only with the advice & approval of the Senate.