Constitutional Clauses Quiz

American Government

Necessary and Proper Clause (Elastic Clause)

This Clause in Article I, Section 8 is the basis for implied powers of Congress. It states that Congress has the power to do things that may not be stated in the Constitution as long as those actions are related to an enumerated power.

Privileges and Immunities Clause

Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights and protections as citizens of all other states.

Supremacy Clause

Part of Article VI of the Constitution, which means the Constitution, national laws, and treaties take precedent over state laws when the national government is acting within its constitutional limits.

Patent & Copyright Clause

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

Due Process Clause

There are two of these clause one in the V Amendment and one in the XIV Amendment stating that Congress (or the states) will not deprive you of life, liberty or property

Enumeration Clause

Clause from Article I of the U.S. Constitution that mandates a census be completed within the first three years after ratification and again within every ten years thereafter

Establishment Clause

Clause in the First Amendment that prohibits the government from creating an official national religion.

Takings Clause

A clause in the Fifth Amendment that prohibits the government from acquiring private property for public use "without just compensation"

Extradition Clause

Part of Article IV of the Constitution that requires states to return criminals who flee to another state to states where they have been convicted or are to stand trial.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion as long as those actions are not in violation of other laws.

Full Faith and Credit Clause

Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.

Search and Seizure Clause

This 4th Amendment clause states that authorities do not have a general power to stop, detain and arrest individuals at any time, at any place, and in any manner; rather, they can only do so according to specified procedures that must be "reasonable."

Reserve Powers Clause

This clause is the basis for states powers under the 10th amendment and is the foundation of a state's right to legislate for the public health and welfare of its citizens

Ex Post Facto Clause

States that neither congress (nor the states) can pass a law that punishes a person retroactively. You cant be punished for committing an act that was lawful at the time the act was committed.

Commerce Clause

The 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.

Equal Protection Clause

A clause in the 14th Amendment that prohibits states from treating people differently. This is one of the most litigated clauses in the U.S. Constitution and has been used to combat discrimination of all kinds.

Emolument Clause

States the Presidents cannot accept gifts, money or other benefits while in office

Vesting Clause

One of three clauses in the constitution that establishes power in each of the legislative, executive and judicial branches of government

General Welfare Clause

Gives Congress the power to lay and collect taxes, imposts, duties and excises and to provide for the common defense

Naturalization Clause

This clause in Article I section 8, gives Congress the power to make all laws regarding citizenship and immigration

Habeas Corpus Clause

Article 1 Section 9 stating the privilege to know which body of law applies to an arrest, a search or seizure shall not be suspended unless when in cases of rebellion of invasion, the public safety may require it

Importation Clause

A clause that prevented congress from interfering with bringing in slaves for twenty years after the ratification of the Constitution, except that a tax of $10 could be imposed.

Double Jeopardy Clause

A clause of the Fifth Amendment that protects people from being taken to court more than one time for the same set of charges brought against them..

Confrontation Clause

The part of the Sixth Amendment that guarantees all defendants the right to see who has alleged wrongdoing against them including witnesses testifying against them during the criminal trial (not an absolute right).

Origination Clause

This clause says that all bills for raising revenue must start in the House of Representatives, but the Senate may propose or concur with amendments as in the case of other bills. Taxation MUST begin in the house of congress that represents the people.