AP GOV UNIT 1

Where is the Commerce Clause located?

Article I, Section 8, Clause 3 — Congress can regulate commerce with foreign nations, among the states, and with Indian tribes.

Where is the Necessary and Proper (Elastic) Clause located?

Article I, Section 8, Clause 18 — lets Congress pass laws "necessary and proper" to carry out its other powers; basis of implied powers.

Where is the Supremacy Clause located?

Article VI, Paragraph 2 — the Constitution and federal laws made under it are "the supreme Law of the Land," binding on state judges even over conflicting state law.

Where is the Habeas Corpus Clause located?

Article I, Section 9, Paragraph 2 — can't be suspended except in cases of rebellion or invasion.

Where is Congress banned from passing bills of attainder?

Article I, Section 9, Paragraph 3 — a bill of attainder declares someone guilty and punishes them without a trial.

Where are the STATES banned from passing bills of attainder?

Article I, Section 10, Paragraph 1 — the parallel ban to Section 9, which applies to Congress.

Where is Congress banned from passing ex post facto laws?

Article I, Section 9, Paragraph 3 — an ex post facto law criminalizes (or increases punishment for) an act after it already happened.

Where are the STATES banned from passing ex post facto laws?

Article I, Section 10, Paragraph 1 — the parallel ban to Section 9, which applies to Congress.

Where is the Full Faith and Credit Clause located?

Article IV, Section 1 — states must honor the public acts, records, and judicial proceedings of every other state.

Where is the Privileges and Immunities Clause located?

Article IV, Section 2, Paragraph 1 — citizens of each state get the same basic privileges and immunities as citizens of other states.

Where is the Extradition Clause located?

Article IV, Section 2, Paragraph 2 — a fugitive found in another state must be returned to the state with jurisdiction over the crime.

Where is the Due Process Clause that applies to the FEDERAL government?

5th Amendment — the federal government can't deprive someone of life, liberty, or property without due process of law.

Where is the Due Process Clause that applies to STATE governments?

14th Amendment, Section 1 — extends the due process requirement to state governments.

Where is the Equal Protection Clause located?

14th Amendment, Section 1 — states must apply the law equally and can't discriminate arbitrarily.

Where is the Takings Clause (eminent domain) located?

5th Amendment — government can take private property for public use, but must pay "just compensation."

Where is the constitutional amendment process (proposing AND ratifying) located?

Article V — propose by 2/3 of Congress or a convention called by 2/3 of states; ratify by 3/4 of states (legislatures or conventions).

Where is the ratification threshold for the ORIGINAL Constitution located?

Article VII — 9 of 13 states had to ratify (via special conventions, not state legislatures) for the Constitution to take effect.

Where is the ORIGINAL Electoral College mechanism located?

Article II, Section 1, Paragraphs 2-4 — sets up how electors are chosen and how many each state gets, equal to its total congressional representation.

Where is the FIX to the original Electoral College's flaw located?

12th Amendment — fixed the 1800 election crisis by having electors cast separate votes for President and Vice President.

If no candidate wins an Electoral College majority, where is the process for choosing the President described?

Article II, Section 1 (as modified by the 12th Amendment) — the House chooses by state delegation, one vote per state, needing a majority of state delegations (26/50).

Where is the presidential veto override process located?

Article I, Section 7, Paragraph 2 — President can veto a bill; Congress can override with a 2/3 vote in both chambers.

Where is the treaty ratification (and appointments) process located?

Article II, Section 2, Paragraph 2 — President makes treaties with 2/3 Senate consent, and nominates judges/ambassadors with Senate "Advice and Consent."

Where is the distinction between the Supreme Court's original and appellate jurisdiction located?

Article III, Section 2, Paragraph 2 — original jurisdiction only for cases involving ambassadors or where a state is a party; appellate jurisdiction for everything else.

EXECUTIVE over LEGISLATIVE: What check does the President hold, and where?

Veto power — Article I, Section 7, Paragraph 2.

LEGISLATIVE over EXECUTIVE: What check does Congress hold, and where?

Override a veto with a 2/3 vote in both chambers — Article I, Section 7, Paragraph 2.

EXECUTIVE over JUDICIAL: What check does the President hold, and where?

Nominates federal judges (including Supreme Court justices) — Article II, Section 2, Paragraph 2.

LEGISLATIVE over JUDICIAL: What check does the Senate hold over nominations, and where?

Confirms (or rejects) judicial nominees via "Advice and Consent" — Article II, Section 2, Paragraph 2.

LEGISLATIVE over JUDICIAL (a second check): What else can Congress do, and where?

Impeach and remove a judge — Article II, Section 4 (standard), plus Article I, Section 2, Paragraph 5 (House impeaches) and Article I, Section 3, Paragraph 6 (Senate convicts).

JUDICIAL over EXECUTIVE: What check can the Court exercise, and where?

Judicial review of executive actions — implied from Article III, Section 2 (not explicit text; established by Marbury v. Madison, 1803).

JUDICIAL over LEGISLATIVE: What check can the Court exercise, and where?

Judicial review of laws (declare a law unconstitutional) — implied from Article III, Section 2 (not explicit text; established by Marbury v. Madison, 1803).