AP Gov Clauses

Bill of Attainder Clause

Bill of Attainder Clause

Congress cannot pass a law that singles out a person for punishment with 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 fair procedures when they deny a person of 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 separation of church and state.

Ex Post Facto Clause

Congress cannot pass a law that punishes a person after the fact. A person cannot be punished for something he/she did that was not a crime 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 public acts, records, and court decisions of other states. For example, a state must recognize as valid the birth certificate issued by another state.

Preamble

The introduction to the Constitution identifies broad purposes.

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. 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.