Malcolm Rivera
The US Constitution, which is only about 25 pages or 7000 words long, is the foundation of Americans' freedoms. However, many Americans find it challenging to understand due to its archaic language and unusual words. A survey conducted by the Woodrow Wilson National Fellowship Foundation revealed that Americans struggle to identify key components of the Constitution, with only 15% knowing when it was written. Similarly, only 25% of Americans knew the number of amendments to the Constitution, and some incorrectly identified rights guaranteed in different amendments. These findings highlight the importance of initiatives like The People's Guide to the United States Constitution, which aims to improve understanding of the Constitution by providing simple definitions and examples. Understanding the Constitution is crucial, as it empowers citizens to know and protect their rights, addressing abuses of Constitutional power.
| Characteristics | Values |
|---|---|
| Difficulty in understanding | Many students and adults find it difficult to understand the US Constitution due to its old language and unusual words. |
| Length | The US Constitution is approximately 7,000 words or 25 pages long. |
| Knowledge of Amendments | Only 25% of Americans knew the number of amendments (27) to the US Constitution. |
| First Amendment Knowledge | 25% didn't know freedom of speech was guaranteed under the First Amendment; 11% thought it was the right to "bear arms," and 8% thought it was "no one shall be deprived of life, liberty, or property" (Second and Fourteenth Amendments, respectively). |
| State-wise Understanding | Montana residents performed best, with 30% knowing the number of amendments; Hawaii was last with 17%. Wyoming residents did best on the First Amendment question (85%), while New Yorkers were worst (66%). |
| Date of Writing | Only 15% of Americans knew when the Constitution was written (1787); 20% of New Yorkers knew this, while only 9% of West Virginians did. |
| Exclusionary Nature | The original Constitution excluded women, non-white people, indigenous people, and non-property owners from the definition of "the people." |
| Contradictions | The Constitution has been improved over time through amendments, but fundamental contradictions remain, such as the return of escaped slaves. |
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What You'll Learn
The US Constitution's historical context
The US Constitution is the oldest written national framework of government in the world, with the document dating back to September 17, 1787. The Constitution was created by 55 men who met in Philadelphia in May of that year, establishing a framework for the US government that has lasted over two centuries.
The Constitution was formed in the aftermath of the Revolutionary War, with James Madison, Alexander Hamilton, and George Washington fearing that the young country was on the brink of collapse. America's first constitution, the Articles of Confederation, had no enforcement powers, and the states' disputes over territory, war pensions, taxation, and trade threatened to tear the country apart. The Articles of Confederation had been in force since 1781 as a "league of friendship" and a constitution for the 13 sovereign and independent states after the Revolution. However, the central government had insufficient power to regulate commerce, and it could not tax or effectively set commercial policy.
The Constitutional Convention of 1787 aimed to address these issues by creating a powerful central government with three independent branches: Congress, the presidency, and the Supreme Court. The framers of the Constitution expected Congress to be the dominant branch, assigning it more powers than the presidency. Congress was given "all legislative powers," including the power to raise taxes, coin money, regulate interstate and foreign commerce, promote the sciences and the arts, and declare war. The president was granted "executive power," including the power to make treaties and appoint ambassadors, and to serve as commander-in-chief of the army and navy.
The principles of American constitutionalism, including the separation of powers, a bill of rights, a bicameral legislature, and a presidential form of government, have been influential worldwide, with many nations adopting similar frameworks. The US Constitution has served as a model for freedom-loving people and has been one of the most emulated constitutions globally.
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The Constitution's language and readability
The US Constitution is only about 7,000 words or 25 pages long. However, its language and unusual words, which are over two centuries old, make it difficult to read and understand. The Constitution's language is so old that the spelling and punctuation of the original transcription by Jacob Shallus have been preserved in the document on display in the Rotunda at the National Archives Museum.
The Constitution's main provisions include seven articles that define the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. The legislative branch consists of a bicameral Congress (Article I); the executive branch consists of the president and subordinate officers (Article II); and the judicial branch consists of the Supreme Court and other federal courts (Article III).
The opening words of the Constitution, "We the People", represent the idea that the people, not the states, are the source of the government's legitimacy. This phrase was coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style. The phrase is considered an improvement on the original draft, which listed the 13 states after "We the People". Morris substituted "of the United States" for the states' names and then listed the Constitution's six goals, none of which were mentioned in the original draft.
While the Constitution is a relatively short document, many Americans struggle to identify its key components and recall its elements. For example, in a survey conducted by the Woodrow Wilson National Fellowship Foundation, only 15% of respondents knew when the US Constitution was written, and only 25% of Americans knew how many amendments there are to the Constitution. The difficulty in understanding the Constitution has led to the creation of guides, such as The People's Guide to the United States Constitution, which provide simple definitions and examples to help readers comprehend the original text.
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Americans' knowledge of the First Amendment
The First Amendment to the United States Constitution is a complex topic that not all Americans fully understand. The First Amendment encompasses various rights and freedoms, including freedom of speech, freedom of religion, freedom of the press, and the right to peaceful assembly and petition. While these concepts are fundamental to American democracy, surveys and polls suggest that many Americans struggle to identify and understand the specific details of the First Amendment.
For example, in a survey conducted by the Woodrow Wilson National Fellowship Foundation, only 15% of Americans knew when the U.S. Constitution was written. This lack of knowledge about basic information may extend to the First Amendment as well. In another survey, when given a multiple-choice question about the First Amendment, 25% of Americans did not know that freedom of speech was guaranteed under it. Instead, some respondents incorrectly identified the right to "bear arms" (11%) or "no one shall be deprived of life, liberty, or property" (8%) as being part of the First Amendment, when these fall under the Second and Fourteenth Amendments, respectively.
The First Amendment's protection of freedom of speech and expression has been the subject of numerous court cases and interpretations. For instance, in the case of New York Times v. Sullivan, the Supreme Court held that "the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice." This case set a precedent for the boundaries of free speech and the press, highlighting the complexity of applying the First Amendment in modern contexts.
Additionally, the First Amendment's establishment clause, which prohibits any governmental "establishment of religion", and the free exercise clause, which protects the free exercise of religion, have been the subject of legal debates and interpretations. The Supreme Court has had to navigate the delicate balance between these two clauses, ensuring that government actions do not endorse or promote a particular religion while also protecting the right of individuals to practice their faith.
Overall, while Americans may have a general understanding of the concepts outlined in the First Amendment, such as freedom of speech and religion, the specifics are often less well known. The complex nature of the Amendment and its interpretation by the courts also contribute to varying levels of understanding among the American public. Improving knowledge of the First Amendment is essential, as it empowers citizens to know and protect their rights in their daily lives.
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Americans' understanding of the Constitution's evolution
The US Constitution is a relatively concise document, at only about 25 pages or 7,000 words long. However, many Americans find it challenging to read and understand due to its antiquated language and unusual vocabulary. This challenge is reflected in surveys that indicate Americans struggle to identify key components of the Constitution. For example, only 15% of those surveyed knew when the Constitution was written, and only 25% knew how many amendments there are.
The evolution of the Constitution over time is an important aspect for Americans to understand. The original Constitution, signed in 1787, has been characterised as both brilliant and flawed. It offered a promise of freedom but excluded marginalised groups, such as Black and indigenous people, women, and other marginalised groups, from the definition of "the people". It also included contradictions, such as providing for the return of escaped slaves. Over time, the Constitution has been amended, improving and evolving to become more inclusive and just.
To fully grasp the Constitution's evolution, it is essential to understand its historical context, including the role of race and racial discrimination. Critical Race Theory emphasises the importance of studying the uncomfortable truths and racial injustices that have shaped the Constitution's development. By acknowledging and addressing these issues, Americans can better comprehend the Constitution's evolution and ongoing efforts to realise its promise of liberty and equal justice for all.
The evolution of the Constitution is an ongoing process, and Americans play a crucial role in shaping its future. By educating themselves about the Constitution, its history, and its impact on their daily lives, Americans can become more engaged and informed citizens. This understanding empowers individuals to recognise and address abuses of Constitutional power and work towards a more equitable and just society.
In conclusion, while Americans may struggle with understanding the US Constitution due to its complex language and historical context, it is essential to recognise the document's evolution. By studying the Constitution's flaws and amendments, acknowledging racial injustices, and embracing educational resources, Americans can enhance their comprehension of this foundational text. This understanding is vital for protecting individual rights, ensuring a more inclusive society, and upholding the values of freedom and justice that the Constitution aspires to embody.
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The Constitution's inherent contradictions and racial injustice
The US Constitution, signed on September 17, 1787, is a mere 25 pages long, yet many Americans find it challenging to understand due to its archaic language and unusual terminology. Despite being a foundational document that articulates the ideals of freedom and equality, it has also been criticised for its inherent contradictions and perpetuation of racial injustice.
The Constitution has been described as both "brilliant and highly flawed" by Harvard Law Professor Alan Jenkins, who highlights its treatment of race and the struggle for fundamental rights. While the Constitution promises liberty and justice for all, it has historically excluded and oppressed Black, Indigenous, and other marginalised communities. For instance, the Supreme Court's decision in Dred Scott v. Sandford asserted that Black people had no rights that white people were bound to respect, and it facilitated policies of genocide and land dispossession towards Native Americans.
The Constitution's inherent contradictions are evident in its simultaneous promise of freedom and exclusion of marginalised groups. As the nation grew more diverse through immigration, discriminatory legislation was enacted to reinforce racial hierarchies. This included the deportation of Latinx Americans and the internment of Japanese Americans during World War II, upheld by the Supreme Court. Additionally, the government continued to break treaties and commit violence against Native Americans, despite recognising their right to self-governance.
The 13th, 14th, and 15th Amendments were intended to end racial subordination and supremacy. However, the courts' interpretation of these amendments and their application in policy-making are crucial. The principle of "constitutional avoidance" has been criticised for allowing courts to sidestep constitutional issues, potentially hindering progress towards racial equity. For instance, the Supreme Court's ruling in Zadvydas v. Davis, which found that aliens cannot be held indefinitely, was a rare instance of the court addressing a constitutional issue.
While the Constitution provides the tools and resources for full equality and justice, the appointment of justices with restrictive interpretations of the Constitution has been a significant barrier. Advocates and scholars have called for a "Third Reconstruction" to address these contradictions and advance racial equity, similar to the fundamental changes brought about by the First Reconstruction and the Civil Rights revolution. This includes recognising the impact of history, context, and circumstances in policy-making to strike down racial subjugation and uphold equal citizenship.
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Frequently asked questions
Only 25% of Americans knew how many amendments there are to the U.S. Constitution.
Many Americans struggle to identify key components of the US Constitution. For example, only 15% of those surveyed knew when the U.S. Constitution was written, and 25% of Americans didn’t know that freedom of speech was guaranteed under the First Amendment.
Understanding the US Constitution is important because it is the foundation of Americans' freedoms. By understanding the Constitution, people can know how to correct abuses of Constitutional power and protect their rights.
The US Constitution is written in over two-century-old language and includes unusual words, making it difficult for many students and adults to read and understand. Additionally, understanding the historical context, including the role of race and racial discrimination, is crucial to fully comprehending the document.
