Constitutional Clauses

  1. Bills of Attainder- Congress cannot pass a law that singles out a person for punishment without trial. 

 

  1. Commerce Clause- Congress can regulate trade between nations, between states and among Indian tribes. 

 

  1. 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. 

 

  1. Due Process Clause (5th) - The national government must observe fair procedures when it denies a person life, liberty, or property. 

 

  1. Due Process Clause (14th)- State governments must observe procedures when they deny a person life, liberty, or property. 

 

  1. 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. 

 

  1. Equal Protection Clause- States cannot unreasonably discriminate against individuals. They must treat people "equally.” 

 

  1. Establishment Clause- Congress cannot establish an "official" religion. This, in effect, provides for the separation of church and state. 

 

  1. Ex Post Facto Laws- 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. 

 

  1. Extradition Clause- An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime. 

 

  1. Free Exercise Clause- Congress cannot pass laws that ban freedom of worship. 

 

  1. 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. 

 

  1. Privileges and Immunities Clause- A state cannot unreasonably discriminate against citizens of other states. 

 

  1. Reserved Power Clause - Any power not granted to the national government or denied to the states, automatically reverts to the states. 

 

  1. 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.” 

 

  1. Supremacy Clause- Federal law is supreme over state law. 

 

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