AP Govt Key Constitutional Clauses
Establishment Clause 1st Amendment:
*Congress shall make no law respecting an establishment of religion.* Congress does not have the authority to establish an "official" religion or pass laws in favor of one religion or the other. Prevents the govt from creating a church, endorsing religion in general, or favoring one set of religious beliefs over another.
Equal Protection Clause 14th Amendment:
*... nor shall any state ... deny to any person within its jurisdiction the equal protection of the laws.* Every person, regardless of race, gender, or wealth is guaranteed equal rights & equal protection under the law. States must treat people "equally." They cannot unreasonably discriminate against individuals. Equal Protection of the Laws: Although the Declaration of Independence declared that all men were created equal, many persons living in our early republic, including NA, AA slaves & women were denied fundamental rights & liberties such as the right to vote, own property & freely travel. The passage of Amendment 14—particularly the equal protection clause—along with the power of Congress to enforce it, incorporated the Declaration's ideal into the Constitution. The equal protection clause limits the ability of states to discriminate against people based on their race, national origin, gender, or other status. For example the clause has been used to guarantee voting rights, school integration, the rights of women & minorities to equal employment opportunities & the rights of immigrants to attend public school. The extensive history of litigation under the equal protection clause in fact mirrors the struggle for civil rights of all Americans.
Due Process Clause 14th Amendment:
*... nor shall any state deprive any person of life, liberty, or property, without due process of law.* Just like the national govt, the *STATES* cannot deprive people of their rights to life, liberty & property, w/0 due process of law.
Takings Clause 5th Amendment:
*... nor shall private property be taken for public use, without just compensation.* Govt can take people's private property AGAINST THEIR WILL as long as: they are PAID FAIR PRICE & it is for the public good. The govt can buy the property, even if the owners don't want to sell. People perfectly happy w/their home or business have to leave, and very often, no amount of $ will make them feel good about the situation. It would be hard to argue that the govt shouldn't have the ability to buy the land it needs to build a school, for instance, & most people don't object to that use. In recent years, local govts have used the power to amass large parcels of land that are then turned over to private developers. But ONLY SUPPOSED TO BE USED FOR PUBLIC GOOD. In these cases, local govts have said the public good is served by the economic development they facilitate, since those new developments may raise tax revenue, bring in jobs, & revitalize neighborhoods. Opponents say what is really happening is private developers are growing rich while long-time residents are displaced. They say that govt is acting for the developers instead of the people by putting together land that private companies wouldn't be able to convince property owners to sell.
Extradition Clause Article IV, §2, clause 2:
*A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.* A person who commits a crime in 1 state & flees to another state must be brought back & tried by the court of law in the state in which the crime was committed. The process used to return fugitives (extradition) was first created by Congress & originally enforced by the governors of each state. Today courts enforce the return of accused prisoners. Fugitives do not need to have been charged w/ the crime in the first state in order to be captured in the second & sent back. Once returned, the state can charge the accused w/any crime for which there is evidence.
Free Exercise Clause 1st Amendment:
*Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof ...* Congress cannot pass laws that ban religious freedom of worship. Citizens have the right to practice their religion freely. The First Amendment's free exercise clause allows a person to hold whatever religious beliefs he or she wants, & to exercise that belief by attending religious services, praying in public or in private, proselytizing or wearing religious clothing, such as yarmulkes or headscarves. Also included in the free exercise clause is the right not to believe in any religion, & the right not to participate in religious activities.
Ex Post Facto Clause Article I, §9, clause 3:
*No ... ex post facto law shall be passed.* The Constitution prohibits "ex post facto" laws — criminal laws that make an action illegal after someone has already taken it. This protection guarantees that individuals are warned ahead of time that their actions are illegal. Congress cannot pass laws that punish a person after the fact: punishing someone for something that is now illegal but was legal when it was committed.
Bill of Attainder Clause Article I, §9, clause 3: .
*No bill of attainder ... shall be passed* The Constitution specifically prohibits bills of attainder — laws that are directed against a specific person or group of persons, making them automatically guilty of serious crimes, such as treason, w/o a normal court proceeding. The ban is intended to prevent Congress from bypassing the courts & denying criminal defendants the protections guaranteed by other parts of the Constitution. Congress cannot impose punishment on a person w/o the benefit of a trial. Everyone has the right to a trial, even those individuals who have committed horrific crimes or treason.
Due Process Clause 5th Amendment:
*No person shall ... be deprived of life, liberty, or property, without due process of law;* This amendment prohibits the *NATIONAL GOVT* from depriving a person of his/her rights to life, liberty, & property, w/o due process of law.
Contracts Clause Article I, §10, clause 1:
*No state shall ... pass any ... law impairing the obligation of contracts ...* No state has the right or power to interfere with the execution of private contracts. It bars states from interfering with contract law. In an infamous 1810 case, the Supreme Court ruled that the state of Georgia could not annul contracts made by corrupt members of the state legislature to sell off state lands—even though the deals were blatant with bribery. States cannot issue their own $
Elastic Clause Article I, §8, clause 18:
*The Congress shall have power . . . To make all laws which shall be necessary and proper for carrying into execution the foregoing powers ...* Congress has the power to make laws not stated in the Constitution if those powers are considered necessary & proper for carrying out the previously listed powers. It allows Congress to stretch the meaning of its powers beyond those that are specifically stated in the Constitution. *This was explained in McCulloch vs Maryland in the which the SC ruled that the power to make a national bank was necessary to carry out the other powers listed in the constitution.*
Commerce Clause Article I, §8, clause 3:
*The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.* Gives Congress the ability to regulate trade btwn foreign nations, btwn states, & w/Indians. Gives Congress broad powers to regulate many aspects of our economy & to pass environmental or consumer protections b/c so much of business today, either in manufacturing or distribution, crosses state lines. One power listed in the constitution to give the federal govt power over the states is the interstate commerce clause. This clause gives the federal govt the power to regulate all interstate commerce. This has been interpreted to stretch the central govt's power over the states as seen in the Clean air & water acts, in which the federal govt mandated the states keep certain air & water standard b/c they could affect commerce.
Privileges & Immunities Clause Article IV, 52, clause 1:
*The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.* States cannot discriminate against the citizens of other states. They must treat all citizens the same regardless of which state they were from. For example, Arizona cannot prohibit New Mexico residents from traveling, owning property, or working in Arizona, nor can the state impose substantially different taxes on residents & nonresidents. But certain distinctions btwn residents & nonresidents—such as giving state residents a right to buy a hunting license at a lower cost— are permitted.
Reserved Power Clause 10th Amendment:
*The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.* Any powers that are not specifically granted to the national government or denied to the states are automatically delegated to the states. The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. The amendment says that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles. Any power not listed, says the Tenth Amendment, is left to the states or the people. Although the Tenth Amendment does not specify what these "powers" may be, the U.S. Supreme Court has ruled that laws affecting family relations (such as marriage, divorce, and adoption), commerce that occurs within a state's own borders, & local law enforcement activities, are among those specifically reserved to the states or the people. *For example, since the federal govt is not granted the power to regulate education, states are given the power to regulate their own education systems.*
Search & Seizure Clause 4th Amendment:
*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.* This amendment protects individuals from unreasonable searches and seizure of their private property by government or law enforcement. Authorities do not have a general power to search and arrest individuals at any time, place, or manner. They can only do so according to specific procedures that must be reasonable, based on probable cause.
Supremacy Clause Article VI, clause 2:
*This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.* In the event that there is a disagreement between two governing bodies, federal law and judicial authority have the authority and precedence over state law. In other words, *federal law is supreme over state law*. This article says that when state law is in conflict with federal law, federal law must prevail. Because of the great number of federal and state laws, many of which deal with the same or similar topics, there have been many lawsuits claiming that state laws conflict with federal laws and are therefore invalid. In these lawsuits, the SC generally looks at whether Congress has established a national regulatory scheme and if so, states cannot regulate in that area. The Court also looks at whether the state law directly interferes or is in conflict with federal law. In all of these cases, the supremacy clause ensures that federal law takes priority over, or preempts, state law. The prioritizing of federal over state powers is known as the "doctrine of preemption." Article VI also provides that both federal and state officials—including legislators and judges—must obey the U.S. Constitution (state officials have a duty to obey their own state constitutions and laws as well). To ensure freedom of religion, this article ensures that no public official be required to practice or pledge allegiance to any particular religion.
Full Faith and Credit Clause Continued
If you win a legal case in one state, that same case cannot be reopened in another state. One of the key factors back when the Constitution was being debated was that this provision would allow a plantation owner from a slave-holding state to travel with his slave to a nonslave state, and the slave would not become free merely by setting foot in a free state. W/o this provision today, your driver's license might not be recognized by the next state. The Full Faith and Credit Clause has had a major significance on domestic law, including marriage & child custody issues. For example, it presents a major obstacle to a divorced parent who is unhappy with a court's child-custody orders and takes the kid to another state seeking a new custody order. & w/o this section of the Constitution, your spur-of-the-moment marriage in Las Vegas might not be recognized back home. Hawaii sent ripples across the mainland's legal landscape in 1993 when the state courts recognized gay marriage. Three years later, Congress enacted the Defense of Marriage Act, which defined marriage as between a man Clause, states could refuse to recognize same-sex marriages recognized as legal in other states. The arguments continue , however, over whether the Constitution allows states to deny recognition to same-sex marriages that are legal in other states. Opponents of gay marriage want a federal marriage amendment to the Constitution to make it clear that marriage can be between a man and a woman only. Cases "The primary purpose of this clause ," the Supreme Court said of the Full Faith and Credit Clause in a 1948 case, "was to help fuse into one Nation a collection of independent sovereign States."
Commerce Clause Continued
It originally was intended to keep the 13 states from erecting trade barriers or tariffs that would prevent the free flow of goods and services within the new nation. It also gave federal laws and regulations precedence over conflicting states' rules. In the 20th c, as the the govt began regulating more aspects of everyday life and work, the clause provided Congress much of its authority to impose rules on companies that do business across state borders. Libertarians protest that Congress has assumed more regulatory power than the Constitution intended, including to some noncommercial activities conducted entirely within states. In several cases the Supreme Court has ruled that Congress has gone too far, particularly in limiting New Deal programs in the 1930s, but in a more recent case the Supreme Court ruled that the Commerce Clause applied to a person growing marijuana for personal medical use, even though no profits or interstate commerce was involved. NLRB v. Jones & Laughlin Steel Co. (1937): This case expanded Congress's authority under the Commerce Clause by approving the authority of the National Labor Relations Board to punish employers for "unfair labor practices," including firing workers for trying to unionize.
Full Faith and Credit Clause Article IV, 51:
States must recognize and respect each other's laws, court decisions, and public records. Even when its own laws are different. For example, if citizens of NJ marry, divorce, or adopt children in that state, Florida must recognize those actions as valid, even if the marriage, divorce, or adoption would not have been possible under Florida law. Similarly, if a court in 1 state orders a person to pay money or stop certain behavior, the courts in other states must recognize & enforce the other state's decision. Congress also has the power to determine how the states honor each other's acts, records, & court decisions. For example, Congress may pass a federal law that specifies how states must handle child custody disputes when state laws are different or the process by which a person winning a lawsuit in one state can enforce the order in another state.
What is the due process clause?
The due process clause or the due process of law are the basic rights that all individuals are guaranteed, specifically when accused of a crime. The due process clause was considered so important that it was restated twice in amendments to the Constitution, in the 5th & 14th Amendments. The due process clause guarantees that the govt shall not deprive any person of "life, liberty, or property, w/o due process of law." There are 2 aspects of the due process clause: 1. The laws must be reasonable & fair. This means that when the legislative branch (Congress) creates laws that the laws need to be reasonable & fair. For example, a law cannot prevent people with blue eyes from driving. 2. Laws must be carried out evenly & fairly. The due process clause guarantees many rights for the accused, including right to an attorney, right to a trial by jury, protection from cruel & unusual punishment, etc. For example, someone w/blue eyes should not get a harsher sentence than someone with brown eyes & no one can be refused an attorney.
McCulloch v Maryland
This went against the reserved powers clause. Since the power to operate a national bank was not directly given to the federal government, then it should be given to the states under the reserved powers clause. The SC ruled in favor of the Federal govt & said that it was necessary &proper to have a Federal bank.
Preamble: We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Translation: This is the introduction to the Constitution. It outlines the general goals of the framers: to create a just govt and to ensure peace, an adequate national defense and a healthy, free nation W/ its first 3 words, *"We the People,"* the preamble emphasizes that the nation is to be ruled by the people - not a king or a dictator, not the president, SC justices, members of Congress or state legislators. The U.S. Supreme Court held in 1905 (Jacobson v. Massachusetts) that the preamble is not a source of federal power or individuals' rights. Rather, all rights & powers are set out in the articles & amendments that follow. *in order to form a more perfect union, establish justice,* The framers wanted the states to work together as a unified nation & have a fair & just legal system in place to settle disputes. * insure domestic tranquility, provide for the common defense,* They also wanted to ensure peace & order at home as well as protect citizens against foreign attack, by giving the national govt the power to raise armies & navies. *promote the general welfare, and secure the blessings of liberty to ourselves and our posterity,* The Constitution also set out to protect the well-being & freedoms of all its citizens & future generations. *do ordain and establish this Constitution for the United States of America.* The last part of the Preamble establishes that the citizens of the US created &authorized this plan to govern themselves.
The Privileges and Immunities Clause Continued
Was a key part of the framers' desire to create a seamless nationwide economic union , where residents of one state could work and travel and do business in other states, too. It ensures that when you visit another state, you have the same rights and privileges as the residents of that state. States you are visiting cannot discriminate against you just because you are a nonresident. For example, a state cannot say you have to be a resident of that state to get a job there. However, the courts have outlined some exceptions. For example, you cannot vote in another state without meeting that state's requirements, including residency. What It Means to You Despite the Privileges and Immunities Clause, the courts have ruled that states can charge nonresidents higher fees for services or privileges that residents support with their taxes. For example , nonresidents can be required to pay more for their fishing licenses and out-of-state tuition can be higher at state-funded colleges and universities.
