Important Constitutional Clauses Flashcards

Questions and Answers

What power does the Commerce Clause provide Congress?

Only between foreign nations

Regulate commerce with foreign nations

Both A and B (correct)

Regulate commerce between different states

What does the Due Process Clause of the 5th Amendment state?

No person shall be deprived of life, liberty or property without due process of law.

What is selective incorporation in relation to the Due Process Clause of the 14th Amendment?

Applies to states - no person shall be deprived of life, liberty or property without due process of law.

What does the Equal Protection Clause of the 14th Amendment require?

States must apply the law equally and can't discriminate against people or groups of people. Signup and view all the answers

What does the Establishment Clause of the 1st Amendment state?

Congress can't make a national religion. Signup and view all the answers

According to the Free Exercise Clause of the 1st Amendment, what rights do people have?

All people can practice their religion. Signup and view all the answers

What does Article I of the US Constitution establish?

The structure, requirements to be a member, and powers of the legislative branch. Signup and view all the answers

What is outlined in Article II of the US Constitution?

President as head of the executive branch, powers, election process, and checks on the branch. Signup and view all the answers

What is established by Article III of the US Constitution?

Judicial power regulated to one supreme court and other courts below it. Signup and view all the answers

What does Article IV of the US Constitution outline?

Duties states have to each other and to the federal government. Signup and view all the answers

What is required by Article V of the US Constitution for amendments?

A 2/3 majority in both the Senate and House of Representatives and 3/4 of all the states. Signup and view all the answers

What does Article VI of the US Constitution establish?

The Constitution is the supreme law of the country and all political members must be under oath to support it. Signup and view all the answers

How many votes are needed to ratify the Constitution according to Article VII?

Nine votes. Signup and view all the answers

What does the Necessary and Proper Clause allow Congress to do?

Make all laws deemed necessary and proper to keep the enumerated powers working. Signup and view all the answers

What is required by the Full Faith and Credit Clause?

Each state must respect public acts, judicial proceedings, records, etc. of every other state. Signup and view all the answers

What does the Privileges and Immunities Clause prevent?

States from treating citizens of another state poorly. Signup and view all the answers

What does the Supremacy Clause state?

The Constitution and treaties and laws made under it are the supreme law of the land. Signup and view all the answers

What does the Vesting Clause say about executive power?

Executive power shall be vested in a President of the United States. Signup and view all the answers

What is the Advice and Consent Clause regarding presidential actions?

The President should use the advice and consent of the Senate to appoint federal judges and sign treaties. Signup and view all the answers

Study Notes

Important Constitutional Clauses

Commerce Clause (Interstate)
- Empowers Congress to regulate commerce between states and with foreign nations.
Due Process Clause (5th Amendment)
- Ensures no deprivation of life, liberty, or property occurs without due legal process.
Due Process Clause (14th Amendment)
- Extends due process protections to individuals at the state level.
Equal Protection Clause (14th Amendment)
- Mandates that states apply laws equally, prohibiting discrimination against individuals or groups.
Establishment Clause (1st Amendment)
- Prohibits Congress from establishing a national religion.
Free Exercise Clause (1st Amendment)
- Guarantees individuals the right to practice their religion freely.

Structure of Government

Article I: Legislative Branch
- Defines structure, membership requirements, and powers of Congress.
Article II: Executive Branch
- Establishes the presidency, listing powers, checks, and election processes.
Article III: Judicial Branch
- Designates a supreme court and empowers it to interpret laws and government actions.

State Relations and Amendments

Article IV: Relations Between States
- Outlines state duties to one another and to the federal government, including equal treatment of citizens and the entry of new states.
Article V: Amending the Constitution
- Requires a 2/3 majority in both Congressional houses and approval from 3/4 of states for amendments.
Article VI: Supremacy of the Constitution
- Establishes that the Constitution and federal laws are the supreme law of the land; all political officials must support it without religious tests.
Article VII: Ratification
- Specifies that nine states are required to ratify the Constitution for it to take effect.

Additional Clauses

Necessary and Proper/Elastic Clause (Article I, Section 8)
- Allows Congress to create laws essential for executing its enumerated powers.
Full Faith and Credit Clause (Article IV, Section 1)
- Requires each state to recognize and respect the laws and judicial decisions of other states.
Privileges and Immunities Clause (Article IV, Section 2)
- Prohibits states from discriminating against citizens of other states.
Supremacy Clause (Article VI)
- Declares the Constitution and federal laws as the highest legal authority.
Vesting Clause (Article II, Section 1)
- Indicates that executive power is granted to the President, making them both head of government and state.
Advice and Consent Clause
- Requires the President to consult the Senate for appointments and treaties, ensuring checks and balances in governance.

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Description

This quiz provides flashcards covering essential clauses from the US Constitution, including the Commerce Clause and Due Process Clauses from the 5th and 14th amendments. Perfect for students studying American government or legal principles. Test your understanding of these fundamental components of U.S. law.