AP Government Key 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. For example, a state could not pass a law that declares all debts to be null and void

Due Process Clause (5th Amendment)

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

Due Process Clause (14th Amendment)

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

Elastic Clause

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

Equal Protection Clause

States cannot unreasonably discriminate against individuals. They must treat people "equally"

Establishment Clause

Congress cannot establish an "official" religion. this, in effect, provides for the separation of church and state

Ex Post Facto Clause

Congress cannot pass a law that punishes a person retroactively i.e. after the fact. In other words, a person cannot be punished for something 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

congress cannot pass laws that ban freedom of worship

Full Faith and Credit Clause

A state must recognize the validity of the pubic acts, records and court decisions of other states. For example, a state must recognize as valid the birth certificate issued by another state

Privileges and Immunities Clause

A state cannot unreasonably discriminate against citizens of other states.

Reserved Power Clause

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

Search and Seizure Clause

This is a protection against unreasonable search and seizure. the authorities do not have a general power to search and arrest individuals at any times, 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

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