KEY CONSTITUTIONAL CLAUSES

COMMERCE CLAUSE

Congress has power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

Commerce = business – anything related to business between the states is under Congressional control

Interstate commerce including trade, communication, and any business involving more than one state

Buses, airlines, trains, radio stations, trucking, ferries, TV stations, et. al. all under Congressional control

IMMIGRATION

Congress has the power “to establish an uniform rule of naturalization…”

Naturalization is the process of obtaining citizenship

NECESSARY & PROPER

Congress has the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers…”

Also called elastic clause because it stretches Congress’ powers

Anything Congress considers necessary in order to carry out their powers can be “necessary and proper”.

FULL FAITH & CREDIT

“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.”

Each state must recognize the legal acts performed in other states: court decisions, licenses, marriages, divorces, etc.

PRIVILEGES AND IMMUNITIES

“The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states”

Citizens in all states should have the same rights as citizens in other states.

One state cannot discriminate against citizens from another state.

SUPREMACY CLAUSE

“This Constitution, and the laws of the United States…shall be the supreme law of the land.”

The Constitution and the laws made by the federal government are above any state or local laws.

ESTABLISHMENT CLAUSE

“Congress shall make no law respecting an establishment of religion…”

The government cannot favor one religion over another nor try to establish a state religion

FREE EXERCISE CLAUSE

“Congress shall make no law….prohibiting the free exercise thereof.”

People have the right to exercise/practice their religion however they want.

There are limits to the free exercise of a religion if it infringes on the rights of others.

FREEDOM OF SPEECH

“Congress shall make no law….abridging the freedom of speech…”

People have the right to free speech or other forms of free speech

There are limits to free speech.

FREEDOM OF THE PRESS

“Congress shall make no law…..abridging the freedom….of the press..”

The government cannot interfere with the press. The press includes newspapers, magazines, TV, radio, and internet news.

FREEDOM OF ASSEMBLY

Congress shall make no law…..abridging….the right of the people peaceably to assemble…”

People have to right to join any organization, as long as the organization does not advocate violence or action that would cause major disruptions.

RIGHT TO PETITION

“Congress shall make no law….abridging the right ….to petition the government for a redress of grievances.”

People have the right to sign petitions to change laws, correspond with government officials voicing their displeasure, as long as no violence is threatened against the government or an official.

GUN OWNERSHIP

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”

Originally meant to ensure that militia members retained their guns in the event the militia was needed.

Since militias no longer exist, the Supreme Court has ruled that the right now extends to individuals.

States are free to impose their own gun ownership laws

PRIVACY

Not explicitly stated but hinted at through 3rd, 4th, & 9th Amendments

Privacy right between a doctor and a patient the basis for legalization of abortions

States allowed to impose other restrictions on abortions

SEARCH AND 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…”

There needs to be probable cause before a judge will sign a warrant authorizing a search of a person’s property. The warrant must include the place to be searched and the things or persons being sought.

DUE PROCESS CLAUSE

“…nor be deprived of life, liberty, or property, without due process of law…”

Before a person’s life, liberty, or property can be take, the government must follow the proper steps (due process)

TAKINGS CLAUSE

...”nor shall private property be taken for public use without just compensation.”

Also known as Eminent Domain where government can take private property for public use as long as property owner is paid a fair amount.

Public use includes parks, airports, highways, et. al.

CRUEL AND UNUSUAL PUNISHMENT

“….nor cruel and unusual punishments (be) inflicted.”

Prohibits punishment considered to be harsh or inhumane.

Some argue that all forms of death penalty should be considered cruel

RESERVED POWER CLAUSE

“The powers not delegated to U.S…..are reserved to the states, respectively or to the people”

Powers not already listed in the Constitution should go to the individual states or to the people directly

DUE PROCESS – 14TH AMENDMENT

“…nor shall any state deprive any person of life, liberty, or property with due process of law…”

The right of due process in the 5th Amendment also applies to states having to follow due process procedures.

EQUAL PROTECTION CLAUSE

“…nor deny (by any state) to any person within its jurisdiction the equal protection of the laws.”

The states cannot deny anyone rights or protections enjoyed by others in that state.