1. Important Constitutional Clauses & Terms

2. 1. The Supremacy Clause Article 6
“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.”

3. “Necessary & Proper” Clause (aka Elastic Clause)
Article I, Section 8, Clause 18 “The Congress shall have the 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.”

4. Commerce Clause Article 1, Section 8, Clause 3
“The Congress shall have the Power***To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”

5. “Due Process” Clauses
5th Amendment: No person shall ***be deprived of life, liberty, or property, without due process of law; ***” 14th Amendment: Section 1. ***; nor shall any State deprive any person of life, liberty, or property, without due process of law; ***”

6. Equal Protection Clause
14th Amendment: “Section 1. ***; nor shall any State ***deny to any person within its jurisdiction the equal protection of the laws.”

7. Slavery Clauses
3/5 Compromise Clause (Article 1, section 2): “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.” Changed by 14th Amendment, section 2.

8. Slavery Clauses
Fugitive Slave Clause (Article 4, Section 2, clause 3) “No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due.” Suspended by 13th Amendment

9. Slavery Clauses
Slave Trade Clause (Article 1, Section 9): “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.”

10. Terms Expressed or Enumerated Power Concurrent Power Reserved Power
Power given to the national government that is expressly WRITTEN in the Constitution.
Ex: The power of Congress to declare war
Concurrent Power
Power given to both the national AND state governments
Ex: the power to levy taxes
Reserved Power
Power reserved to the states
Ex: 10th Amendment…. Any power not given to the national government nor denied to the states are RESERVED for the states

11. Terms (cont’d) Implied Power Inherent Power
A power not written in the Constitution
“Necessary and Proper” Clause allows for implied powers
Ex: power to draft. Not written in Constitution but implied since draft needed to raise an army, which is an expressed or written power.
Inherent Power
Power a country has simply by EXISTING
Ex: who it lets in; immigration