Constitutional Clauses

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, between states, and among Indian tribes

Contracts Clause

No state can interfere with the execution of contracts.

ie. a state could not pass a law that declares all debts to be null and void

Due Process Clause 5^th Amendment

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

Due Process Clause 14^th Amendment

State governments must observe fair procedures when they deny a person life, liberty, or property

Elastic Clause 

Congress can exercise powers not specifically states in the Constitution if those powers are “necessary and proper” for carrying out its expressed powers that are specifically stated

Equal Protection Clause 14^th Amendment

Congress cannot establish an “official” religion. This, in effect, provides for separation of church and state

Ex Post Facto Clause

Congress cannot pass a law that punishes a person retroactively (after the fact). In other words, a person cannot be punished for something that he/she did that was not a crime when committed.

Extradition Clause

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 1^st Amendment

Congress cannot pass laws that ban freedom of worship

Full Faith and Credit Clause

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.

Privileges & Immunities Clause

A state cannot unreasonably discriminate against citizens of other states

Reserved Power Clause 10^th Amendment

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

Search & Seizure Clause 4^th 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

Federal law is supreme over state law

Takings Clause 5^th Amendment

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