Clauses of the Constitution

Necessary and Proper Clause

Article I, Section 8, Clause 18 of the Constitution; one of the powers of Congress that allows them to make any laws that are necessary and proper for carrying out their other powers. Also called the "Elastic Clause"

Elastic Clause

Article I, Section 8, Clause 18 of the Constitution; one of the powers of Congress that allows them to make any laws that are necessary and proper for carrying out their other powers. Also called the "Necessary and Proper Clause"

Supremacy Clause

Article VI, Clause 2 of the Constitution; states that the U.S. Constitution, all laws made under it, and all treaties entered into under it, constitute the "supreme law of the land"

Militia Clause

Clause in the 2nd Amendment that explains that a well-regulated militia is necessary to the security of a free nation; once used to disparage the individual's right to keep and bear arms apart from serving in the militia

Confrontation clause

Clause in the 6th amendment that states that a person accused of a crime has the right to confront witnesses against him or her. Has been controversial in cases involving organized crime, rape, or child victims.

Establishment Clause

Clause in the 1st Amendment that states that Congress cannot establish religion.

Free-exercise Clause

Clause in the 1st Amendment that states that Congress cannot pass laws that inhibit the free exercise of religion

Due Process Clause

Clause found both in the 5th and14th Amendments that states that a person may not be denied life, liberty or property without the due process of law.

Equal Protection Clause

Clause found in the 14th Amendment that says that states cannot deny U.S. citizens the equal protection of the law. The basis for nearly all civil rights cases.

Commerce clause

Clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

Reconstruction Amendments

The 13th, 14th, and 15th Amendments; all passed immediately following the Civil War.