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List Of Clauses Of The United States Constitution
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important or contentious issue of law, it is given a name for ease of reference. Clauses within the Articles Clauses within the Amendments First Amendment * Establishment Clause * Free Exercise Clause * Free Speech Clause * Free Press Clause * Free Assembly Clause * Petition Clause Fourth Amendment * Search and Seizure Clause Fifth Amendment * Double Jeopardy Clause * Due Process Clause (along with the Fourteenth Amendment) * Self-Incrimination Clause *Takings Clause * Grand Jury Clause Sixth Amendment * Assistance of Counsel Clause * Compulsory Process Clause * Confrontation Clause * Impartial Jury Clause * Inform ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privileges And Immunities Clause
The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel is associated with the clause. Text Prior to ratification of Constitution The clause is similar to a provision in the Articles of Confederation: "The free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States." James Madison discussed that provision of the Articles of Confederation in Federalist No. 42. Madison wrote, "Those who come under the denomination of free inhabitants of a State, although not citizens of such State, are entitled, in every other State, to all the privileges of free citizens of the latter; that is, to greater privileges than they may be entitled to in their own State." Madison app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Full Faith And Credit Clause
Article Four of the United States Constitution, Article IV, Section 1 of the United States Constitution, the Full Faith and Credit Clause, addresses the duty that U.S. state, states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." According to the Supreme Court of the United States, Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments. Judges and lawyers agree on the meaning of the clause with respect to the recognition of judgments rendered by one state in the courts of another. Barring exceptional circumstances, one state must enforce a judgment by a court in another, unless that court lacked jurisdiction, even if the enforcing court otherwise disagrees with the result. At present, it is widely agreed that this Clause of the Constitution has a minimal impact on a court's choice of law decision provided that no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fugitive Slave Clause
The Fugitive Slave Clause in the United States Constitution, also known as either the Slave Clause or the Fugitives From Labor Clause, is Article IV, Section 2, Clause 3, which requires a "person held to service or labor" (usually a slave, apprentice, or indentured servant) who flees to another state to be returned to their master in the state from which that person escaped. The enactment of the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts, has made the clause mostly irrelevant. Text The text of the Fugitive Slave Clause is: As in the other references in the Constitution dealing with slavery, the words "slave" and "slavery" are not specifically used in this clause. Historian Donald Fehrenbacher believes that throughout the Constitution there was the intent to make it clear that slavery existed only under state law, not federal law. On this instance, Fehrenbacher concludes: Background Prior to the A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Take Care Clause
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities. Section 1 of Article Two establishes the positions of the president and the vice president, and sets the term of both offices at four years. Section 1's Vesting Clause declares that the executive power of the federal government is vested in the president and, along with the Vesting Clauses of Article One and Article Three, establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral College, the body charged with electing the president and the vice president. Section 1 provides that each state chooses members of the Electoral College in a manne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extradition Clause
The Extradition Clause or Interstate Rendition Clause of the United States Constitution is Article IV, Section 2, Clause 2, which provides for the extradition of an accused criminal back to the state where they allegedly committed a crime. Text Article IV, Section 2, Clause 2: History Similar to a clause found in the Articles of Confederation, the Extradition Clause was included because the founders found that interstate rendition was separate from international extradition. Fearing that the clause was not self-executing, Congress passed the first rendition act in 1793 – now found under . Interpretation ''Kentucky v. Dennison'' According to a book review in '' The New York Times'' in January 2015: The Northwest Ordinance of July 1787 held that slaves "may be lawfully reclaimed" from free states and territories, and soon after, a fugitive slave clause — Article IV, Section 2 — was woven into the Constitution at the insistence of the Southern delegates, leading South Car ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Export Clause
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that members o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exceptions Clause
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enclave Clause
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that membe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title Of Nobility Clause
The Foreign Emoluments Clause is a provision in Article I, Section 9, Clause 8 of the United States Constitution, that prohibits the federal government from granting titles of nobility, and restricts members of the federal government from receiving gifts, emoluments, offices or titles from foreign states and monarchies without the consent of the United States Congress. Also known as the Titles of Nobility Clause, it was designed to shield the federal officeholders of the United States against so-called "corrupting foreign influences". The clause is reinforced by the corresponding prohibition on state titles of nobility in Article I, Section 10, and more generally by the Republican Guarantee Clause in Article IV, Section 4. Text History The Framers' intentions for this clause were twofold: to prevent a society of nobility from being established in the United States, and to protect the republican forms of government from being influenced by other governments. In Federalist No. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ineligibility Clause
The Ineligibility Clause (sometimes also called the Emoluments Clause, or the Incompatibility Clause, or the Sinecure Clause) is a provision in Article 1, Section 6, Clause 2 of the United States Constitution that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress; it also bars officials in the federal government's executive and judicial branches from simultaneously serving in either the U.S. House or Senate. The purpose of the clause is twofold: first, to protect the separation of powers philosophy (upon which the federal frame of government is built); and second, to prevent Congress from conspiring to create offices or increase federal officials' salaries with the expectation that members of Congress would later be appointed to these posts. Text Origins The Framers of the Constitution understood this clause primarily as an anti-corruption device. Painfully familiar with the system of "roya ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Clause
The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 8). The clause, which is the basis of intellectual property laws in the United States and specifically copyright and patent laws, states that: History On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of proposals to establish what would become the enumerated powers of the United States Congress. Three such proposals made on that day addressed what are now lumped together under intellectual property rights. One, by Charles Pinckney was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison, who had previously served on a committee of the Congress established under the Articles of Confederation which had encouraged the individual states to adopt copyright legislation. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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