Clauses

Necessary & Proper Clause

One of the powers of Congress that allows them to make any laws that are necessary and proper for carrying out their other powers. Also called the "Elastic Clause"

Supremacy Clause

States that the U.S. Constitution, all laws made under it, and all treaties entered into under it, constitute the "supreme law of the land"

Confrontation Clause

States that a person accused of a crime has the right to confront witnesses against him or her. Has been controversial in cases involving organized crime, rape, or child victims.

Establishment Clause

States that Congress cannot establish religion

Due Process Clause

States that a person may not be denied life, liberty or property without the due process of law.

Equal Protection Clause

States cannot deny U.S. citizens the equal protection of the law. The basis for nearly all civil rights cases.

Commerce Clause

Gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

Extradition Clause

Provides for the extradition of a criminal back to the state where he or she has committed a crime

Tax & Spend Clause

Congress's power to tax and authorize the spending of the income from tax

Reserve Clause

Powers not guaranteed to the national government are reserved for the states and the people

Contracts Clause

No state may "pass any... Law impairing the Obligation of Contracts..."

Compacts Clause

"No state shall, without Consent of Congress... enter into any Agreement or Compact with another state..."

Emoluments Clause

Restricts members of the government from receiving gifts, emoluments, offices or titles from foreign states

Full Faith & Credit Clause

States must give different laws and rules of other states the "Full Faith..."

General Welfare Clause

Constitution grants Congress the power to "lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common defense and general Welfare of the United States."

Privileges & Immunities Clause

Prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may plausibly be inferred from the clause

Takings Clause (aka Eminent Domain)

Private property shall not be taken for public use without just compensation.

Free Exercise Clause

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”

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

Suspension Clause

“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

Take Care Clause

Imposes a duty on the President to take due care while executing laws. The purpose of this clause is to ensure that a law is faithfully executed by the President.

Incorporation Clause

Various portions of the Bill of Rights have been held to be applicable to state and local governments

Citizenship Clause

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” – Federal Power

Search & Seizure Clause

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Bills of Attainder Clause

Congress cannot pass laws that single out individuals for punishment without a trial