Clauses and Processes- AP exam review

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9 Terms

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necessary and proper clause

Also known as the elastic clause, it allows Congress to make laws required to carry out its enumerated powers, thus providing flexibility in legislative authority.

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supremacy clause

Establishes that the Constitution, federal laws, and treaties are the supreme law of the land, overriding state laws when there is a conflict.

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equal protection clause

A provision in the Fourteenth Amendment (and 5th amendment) to the United States Constitution that mandates individuals be treated equally under the law, prohibiting discrimination.

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selective incorporation

The legal doctrine that ensures that certain protections stated in the Bill of Rights are applied to the states through the Fourteenth Amendment's Due Process Clause.

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Due process clause

the idea that the united states cannot just put you in jail: investigation, trial, court, appeal,

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Prior restraint

the government's prohibition on speech or publication before it occurs, often seen as a violation of the First Amendment.

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Commerce clause

a provision in the United States Constitution granting Congress the power to regulate interstate commerce and trade.

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Free exercise clause

a part of the First Amendment that prohibits the government from interfering with individuals' rights to practice their religion freely.

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popular sovereignty

the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives.