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Key Cons. Clauses
Key Constitutional Clauses
| Term | Definition |
|---|---|
| Bill of Attainder | Congress cannot pass a law singling out a person for punishment without a trial |
| Contracts Clause | States cannot pass law voiding or impairing contacts (including debts) |
| Commerce Clause | Congress can regulate trade between nations, states, and Indian tribes |
| Due Process, 5th Amendment | Government must observe fair procedures when depriving a person of life, liberty, or property |
| Due Process, 14th Amendment | State governments must observe the fair procedures of the 5th amendment |
| Elastic Clause | Congress can exercise non-stated power in a necessary and proper" manner while executing expressed powers |
| Equal protection Clause, 14th Amendment | States cannot unreasonably discriminate against individuals |
| Establishment Clause, 1st Amendment | Congress cannot establish an official religion, effectively separation of church and state |
| Ex Post Facto Clause | People cannot be retroactively punished for something that was not a crime at the time |
| Extradition Clause | A person who flees a state after committing crime must be returned |
| Free Exercise Clause, 1st Amendment | Congress cannot ban freedom of worship |
| Full Faith and Credit Clause | States must recognize the validity of the acts, records, court decisions, etc of other states |
| Preamble | Defines the constitution's purpose: form a more perfect union,; establish justice; ensure domestic tranquility; provide for the common defense; promote the general welfare; secure liberty to posterity (6) |
| Privileges and Immunities Clause | States cannot unreasonably discriminate against citizens of other states |
| Search and Seizure Clause, 4th Amendment | Authorities can only search in accordance with proper procedures (warrants) |
| Reserved Powers Clause, 10th Amendment | Powers not granted to the national government or denied from the states, are automatically the state's |
| Supremacy Clause | Federal law is supreme over state law |
| Talkings Clause, 5th Amendment | The government can take private property, but must provide fair compensation |