The United States Constitution
CLAUSES to KNOW, LOVE and REMEMBER!
Article I
Important Clauses
U.S. Congress: the House and Senate
* The Commerce Clause (Sec. 8, C. 3)
“The Congress shall have Power… To regulate Commerce with foreign Nations, and
among the several States…”
* Article I, Section 8 of the U.S. Constitution lists the
ENUMERATED POWERS of the U.S. Congress (tax, declare war,
regulate commerce, coin money, patents/copyrights, create fed. courts, etc.)
WHY IS IT SIGNIFICANT?
* …grants Congress the exclusive power to regulate business
with foreign nations and throughout the United States!
1.) channels (roadways, waterways, airways) of commerce
2.) instrumentalities (people, vehicles, machines) of commerce
3.) items and objects of commerce
4.) activities that have a substantial effect on commerce
Article I
Important Clauses
U.S. Congress: the House and Senate
* The Necessary and Proper Clause (Sec. 8, C. 18)
“The Congress shall have Power… To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and all other Powers vested
by this Constitution in the Government of the United States, or in any Department or
Officer thereof…” (aka the Elastic Clause)
* Article I, Section 8 – ENUMERATED POWERS of Congress
(lay and collect taxes, declare war, borrow money, regulate commerce, coin money,
patents/copyrights, create federal courts, raise/support Army and Navy, est. post
offices)
WHY IS IT SIGNIFICANT?
* …empowers Congress to:
1.) organize the federal government
2.) helps put into force the enumerated powers of Congress!
Article II
Important Clauses
The President of the United States
* The Advice and Consent Clause (Sec. 2, C. 2)
“The President… shall have Power, by and with the Advice and Consent of the Senate,
to make Treaties, provided two thirds of the Senators present concur; and he shall
nominate, and… appoint Ambassadors, other public Ministers and Consuls, Judges of
the supreme Court, and all other Officers of the United States…”
* What power does it give the POTUS? The U.S. Senate?
WHY IS IT SIGNIFICANT?
* … gives power to the U.S. Senate to be CONSULTED on and
APPROVE:
1.) foreign treaties
2.) appointments made by the POTUS (Cabinet
secretaries, federal judges and foreign ambassadors)
Article II
Important Clauses
The President of the United States
* The Take Care Clause (Sec. 3, C. 5)
“The President… shall take Care that the Laws be faithfully executed…”
* MUST the POTUS enforce a law he doesn’t like?
…its hard to tell – the POTUS can use LOTS of discretion!
* Why could it be controversial?
WHY IS IT SIGNIFICANT?
* … it is meant to ensure that the law is faithfully
executed by the President!
Article IV
Important Clauses
Federal and Interstate Relations
* The Full Faith and Credit Clause (Sec. 1, C. 1)
“Full Faith and Credit shall be given in each State to the public Acts, Records, and
judicial Proceedings of every other State…”
* FAMILY LAW, interracial marriages (until 1967), same-
sex marriages (still unresolved)
WHY IS IT SIGNIFICANT?
* Purpose is to assure that the COURTS OF ONE STATE will
honor the judgments of the COURTS OF ANOTHER STATE
without the need to retry the whole cause of action…
Article IV
Important Clauses
Federal and Interstate Relations
* The Privileges and Immunities Clause (Sec. 2, C. 1)
“The Citizens of each State shall be entitled to all Privileges and Immunities of
Citizens in the several States.”
WHY IS IT SIGNIFICANT?
* …prevents a state from
treating residents of other
states in a discriminatory
manner!
1.) OHIO State Law A – “Drivers with a Michigan license
plate MUST drive 10 mph below listed speed limit.”
2.) OHIO State Law B – “Kentucky residents who wish to
hunt in Ohio must pay 3x the license fee.”
Article VI
Important Clauses
The Federal Government
* The Supremacy Clause (Sec. 1, C. 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, any Thing in the Constitution or Laws
of any State to the Contrary notwithstanding.”
WHY IS IT SIGNIFICANT?
* …est. the Constitution,
federal law and treaties as the
supreme law of the land (state
judges must follow federal law when
conflict arises between federal law and
state constitution/state law)
The Amendments
Important Clauses
* The Establishment Clause (1st)
“Congress shall make no law respecting an establishment of religion…”
* Does this mean NO prayer in public schools? …religious
displays on gov’t property?
(ten commandments on lawn of a courthouse, prayer before school, prayer before
graduation/football game)
WHY IS IT SIGNIFICANT?
* The ESTABLISHMENT clause prohibits:
1) …the establishment of a national religion by Congress.
2) …the preference by the U.S. government of one religion over
another.
The Amendments
Important Clauses
* The Free Exercise Clause (1st)
“Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof…”
* Does it include the belief and profession of a religion…
OR, does it also protect behavior that stems from religious
beliefs? (Polygamy? Human sacrifice? Jehovah’s Witnesses and pamphlets?)
WHY IS IT SIGNIFICANT?
* SCOTUS: “Laws are made for the government of actions,
and while they cannot interfere with mere religious beliefs
and opinions, they may with practices.”
The Amendments
Important Clauses
* The Free Speech Clause (1st)
“Congress shall make no law… abridging the freedom of speech…”
* VERY controversial and VERY important! … What does it
mean? What kind of speech is there?
* Just like ALL of your rights – freedom of speech is NOT
ABSOLUTE (libel, slander, obscenity)
WHY IS IT SIGNIFICANT?
* It gives you the right to COMMUNICATE your opinions
and ideas using your speech, expression, body and property!
* NOTE: Libel = written words; Slander = spoken word
The Amendments
Important Clauses
* The Speedy Trial Clause (6th)
“In all criminal prosecutions, the accused shall enjoy the right to a speedy… trial…”
WHY IS IT SIGNIFICANT?
* It protects criminal defendants from delay between
indictment and the beginning of a trial!
* The right to a speedy trial prevents:
1.) …the harm of pre-trial detention.
2.) …the harm to the defense caused by a potential delay (fading
memories or the deaths of witnesses)
The Amendments
Important Clauses
* The Excessive Bail Clause (8th)
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.”
WHY IS IT SIGNIFICANT?
* If a FEDERAL judge posts excessive bail, the defendant's
lawyer may make a motion in court to lower the bail or
appeal directly to a higher court!
(a defendant's bail cannot be set higher than an amount that is reasonably likely to ensure the
defendant's presence at the trial)
* DENIED bail? – “preventative detention” – You must be
too dangerous to release back into the community!