Constitutional Clauses

This are the most-referenced clauses in the U.S. Constitution

Clause	Meaning
Commerce Clause

Article I, Section 8	Congress has the power to regulate “interstate commerce” (with foreign nations, among the several states, and with the Indian tribes)
War Powers Clause

Article I, Section 8	Congress has the power to declare war
Necessary & Proper Clause

Article I, Section 8	Congress has the power to make all laws “necessary and proper for carrying into execution the foregoing powers”. Also called the Elastic Clause.
Emoluments Clause

Article I, Section 9	Generally prohibits federal officeholders from receiving any gift, payment, title of nobility, office, or other thing of value from a foreign state or its rulers, officers, or representatives
Ex Post Facto Clause

Article 1, Section 9	Prohibits Congress from punishing someone for a crime committed before it was actually a crime.
Bill of Attainder Clause

Article 1, Section 9	Prohibits Congress from passing a law which singles out someone for punishment without a trial
Contracts Clause

Article 1, Section 10	Prohibits a State from passing any law that “impairs the obligation of contracts” or “makes any thing but gold and silver coin a tender in payment of debts”.
Vesting Clause

Article 2, Section 1	Executive power shall be vested in a president of the United States

Gives president authority over most executive functions (power to “execute” laws)
Take Care Clause

Article 2, Section 2	The president “…shall take care that the laws be faithfully executed.”

Makes the president implement all laws, even those with which he disagrees
Full Faith & Credit Clause

Article 4, Section 1	Court rulings/records/government documents (such as drivers licenses, etc.) have to be recognized state to state
Privileges & Immunities Clause

Article 4, Section 2	Have to enforce laws equally to citizens and non-citizens of your state

Extradition Clause

Article 4, Section 2	If a person tries to escape punishment for a crime by going to another state, governor can demand s/he be extradited back to state where crime was committed
Supremacy Clause

Article 6	Constitution and federal laws made under it are supreme law of the land.

In a fight between federal law and state/local law, federal wins
Establishment Clause

1st Amendment	Prohibits federal government from establishing a national religion. Extends to appearing to favor one religion over the other.

“Separation of Church and State” comes from this clause
Free Exercise Clause

1st Amendment	Prohibits federal government from interfering with the practice of one’s religion
Takings Clause

5th Amendment	Private property cannot be taken for public use without just compensation

Also called “eminent domain” clause
Due Process Clause

5th Amendment (fed)

14th Amendment (states)	No state shall deprive any person of life, liberty, of property, without due process of law. Used to justify Civil Liberties (Bill of Rights) & through the 14th amendment, incorporation of those to the states (which means that the states cannot have laws which restrict those liberties either)
Equal Protection Clause

14th Amendment	No state shall deny any person under US jurisdiction equal protection of the laws

Used to justify Civil Rights legislation

2020-05-11

Matthew Fox