AP Government : Fractions and Clause

Takings Clause/Eminent Domain

5th Amendment - Government can take private property for public use with just compensation.

Equal Protection Clause

14th Amendment - Everyone is equal despite race, sex, orientation, etc.

Exclusionary Rule

4th Amendment - Evidence cannot be used if obtained illegally.

Freedom of Expression Clause

1st Amendment - Freedom of speech, press, religion, petition, assembly.

Free Establishment Clause

1st Amendment - Separation of church and state.

Free Exercise Clause

1st Amendment - Free exercise of religion.

Protection from Self-Incrimination

5th Amendment - Right to not answer any questions without a lawyer.

Right to Counsel

6th Amendment - Everyone has the right to a lawyer even if one is hired for them.

Right to Privacy

1st, 3rd, 4th, 9th, & 14th Amendments - Rights regarding personal matters such as abortions and homosexuality.

Search and Seizure Clause

4th Amendment - Protection against unreasonable search and seizure.

Bill of Attainder Clause

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

Commerce Clause

Congress can regulate trade between nations, states, and among Indian tribes.

Due Process Clause (5th Amendment)

National government must observe fair procedures when denying life, liberty, or property.

Due Process Clause (14th Amendment)

State governments must observe procedures when denying life, liberty, or property.

Elastic Clause

Congress can exercise powers not specifically stated in the Constitution if necessary and proper.

Establishment Clause

Congress cannot establish an official religion, ensuring separation of church and state.

Ex Post Facto Clause

Congress cannot pass a law that punishes a person retroactively.

Extradition Clause

An accused person who flees to another state must be returned to the state where the crime allegedly occurred.

Full Faith and Credit Clause

A state must recognize the validity of public acts, records, and court decisions of other states.

Privileges and Immunities Clause

A state cannot unreasonably discriminate against citizens of other states.

Reserved Power Clause

Any power not granted to the national government or denied to the states reverts to the states.

Supremacy Clause

Federal law is supreme over state law.

Majority Vote to Pass Legislation

Majority of both Houses is needed to pass a bill/legislation/resolution.

Majority to Confirm Justices and Appointees

Majority of Senate is needed to confirm Supreme Court Justices, ambassadors, cabinet members.

Majority to Propose Impeachment

Majority of the House is needed to propose/pass articles of impeachment.

Convicting in Impeachment Trial

2/3 vote of the Senate is needed to convict and remove from office in an impeachment trial.

Override Presidential Veto

2/3 vote of both Houses is required to override a presidential veto.

Ratifying a Treaty

2/3 of Senate is needed to ratify a treaty.

Proposing an Amendment (most used method)

2/3 of both Houses is required to propose an Amendment.

Ratifying an Amendment (most used method)

3/4 of the state legislatures is needed to ratify an amendment.

Bringing Cloture to a Filibuster

3/5 of the Senate is needed to bring cloture to a filibuster.

Confirming a Vice Presidential Replacement

Majority of both Houses is needed to confirm a Vice Presidential replacement under the 25th Amendment.