Key Constitutional Clauses

Commerce Clause

• Location: Article I, Section 8, Clause 3

• Summary: Congress can regulate trade between states and with foreign nations.

• Significance: Used to expand federal power (ex: Gibbons v. Ogden, Wickard v. Filburn, U.S. v. Lopez).

Necessary and Proper Clause (Elastic Clause)

• Location: Article I, Section 8, Clause 18

• Summary: Congress can make laws needed to carry out its enumerated powers.

• Significance: Justifies implied powers (ex: McCulloch v. Maryland).

Supremacy Clause

• Location: Article VI, Clause 2

• Summary: The Constitution and federal laws are the "supreme law of the land."

• Significance: Federal laws override conflicting state laws (ex: McCulloch v. Maryland).

Establishment Clause

• Location: 1st Amendment

• Summary: The government can't establish or endorse an official religion.

• Significance: Used in cases like Engel v. Vitale (school prayer banned).

Free Exercise Clause

• Location: 1st Amendment

• Summary: People can freely practice their religion.

• Significance: Central to Wisconsin v. Yoder (Amish families exempt from school attendance laws).

Due Process Clause

• Location: 5th and 14th Amendments

• Summary: The government must follow fair procedures before depriving life, liberty, or property.

• Significance: Basis for many civil liberties protections and selective incorporation (ex: Gideon v. Wainwright, Roe v. Wade).

Equal Protection Clause

• Location: 14th Amendment

• Summary: Laws must apply equally to all people.

• Significance: Used in civil rights cases like Brown v. Board of Education, Shaw v. Reno.

Full Faith and Credit Clause

• Location: Article IV, Section 1

• Summary: States must recognize the public acts, records, and judicial proceedings of other states.

Privileges and Immunities Clause

• Location: Article IV, Section 2

• Summary: Prevents states from discriminating against citizens of other states.