AP Government : Fractions and Clause
Takings Clause/Eminent Domain - 5th Amendment - Government can take private property for public use with just compensation
Equal Protection Clause - 14th Amendment - Everyone is equal despite race, sex, orientation, etc.
Exclusionary Rule - 4th Amendment - Evidence cannot be used if obtained illegally
Freedom of Expression Clause - 1st Amendment - Freedom of speech, press, religion, petition, assembly
Free Establishment Clause - 1st Amendment - Separation of church and state
Free Exercise Clause - 1st Amendment - Free exercise of religion
Protection from Self-Incrimination - 5th Amendment - Have the right to not answer any questions without a lawyer
Right to Counsel - 6th Amendment - Everyone has the right to a lawyer even if one is hired for them
Right to Privacy - 1st, 3rd, 4th, 9th, & 14th Amendments - Abortions, homosexuality, right to die, etc.
Search and Seizure Clause - 4th Amendment - 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"
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
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
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
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
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
Supremacy Clause - Federal law is supreme over state law
To pass a bill/legislation/resolution | Majority of both Houses |
To confirm Supreme Court Justices, ambassadors, cabinet members | Majority of Senate |
To propose/pass articles of impeachment | Majority of the House |
To convict and remove from office (impeachment trial) | 2/3 vote of the Senate |
To override a presidential veto | 2/3 vote of both Houses |
To ratify a treaty | 2/3 of Senate |
To propose an Amendment (most used method) | 2/3 of both Houses |
To ratify an amendment (most used method) | 3/4 of the state legislatures |
To bring cloture to a filibuster | 3/5 of the Senate |
To confirm a Vice Presidential replacement (25th Amendment) | Majority of both Houses |