Malcolm Rivera
The US Constitution is a crucial text that outlines the rights and freedoms of US citizens and the powers of Congress. While it is a fundamental part of US democracy, there is little consensus on the extent to which it was taught in schools in the 18th century. Today, the Constitution is taught at USC Gould School of Law, where foreign law students and lawyers are introduced to its history, creation, ratification, and Amendments. The Constitution is also a topic of discussion in the public discourse on education, with some arguing that it should be taught in schools to ensure that young Americans understand their rights and the principles of liberty and prosperity.
| Characteristics | Values |
|---|---|
| Taught in schools in the 18th century | No |
| True history | Little known |
| Modeled on | Iroquois Nation's government |
| Taught in schools today | No |
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What You'll Learn
Misconceptions about the US Constitution
While the US Constitution is a highly important document, there are several misconceptions surrounding it. Here are some of the most common ones:
The US Constitution Made the United States a Democracy
The United States is often referred to as a democracy, however, this is not technically accurate. The US is actually a republic. While in both systems, the people elect the government, a republic has checks and balances in place to counter the elected party. Benjamin Franklin, when asked whether the US was a monarchy or a republic, replied, "A republic, if you can keep it."
The US Constitution Guarantees Everyone the Right to Vote
The right to vote seems like a fundamental aspect of American democracy, but surprisingly, this right is never explicitly mentioned in the Constitution. Instead, there is a list of reasons why one cannot be denied the ability to vote, such as race or gender. Additionally, the Constitution mandates that people over the age of 18 must be allowed to vote. However, individual states have the power to establish other criteria, such as restricting people in jail from voting.
The US Constitution is Based on Ancient Greek Democracy
It is often taught that the US Constitution was inspired by ancient Greek democracy. However, this is not entirely accurate. Ancient Greece did not have a democratic system, and the idea that the Founding Fathers created the Constitution out of thin air or based on European governments is misleading. The true influence behind the US Constitution was the Great Law of Peace of the Native American Iroquois Nation. In 1987, the United States Senate acknowledged that the Iroquois Nations served as a model for the US Constitution.
The US Constitution Mentions "God"
Contrary to popular belief, the word "God" never appears in the Constitution or the Bill of Rights. Instead, the source of all government power and legitimacy is stated as "the People", indicating a secular rather than a divine right.
The US Can Only Become Involved in War or Armed Conflict Through Congressional Approval
According to the "War Powers Clause" in the US Constitution, Congress has the power to "declare war." However, the President is the commander-in-chief of the armed forces and has the authority to initiate armed conflicts without a formal declaration of war. Since World War II, Congress has not officially declared war, but there have been numerous armed conflicts led by sitting presidents.
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The Constitution and civil liberties
The US Constitution and the history of its creation are not commonly taught in schools. However, there is a growing sentiment that it should be, as it is argued that it is fundamental to understanding the principles of liberty and prosperity in the United States. The Constitution is more than a piece of paper; it is a pillar of the nation, standing against the oppression and tyranny of any ruling class, including the government.
The Constitution is based on the Great Law of Peace of the Iroquois Nation, a Native American tribe. The Iroquois League was the oldest and most highly evolved participatory democracy on Earth in the 18th century. The Founding Fathers modelled the Constitution on the Iroquois Nation's government, which was acknowledged by the United States Senate in 1987.
The Constitution was also influenced by the complaints and experiences of British rule, which foreshadowed the protections placed in the Constitution and the Bill of Rights. The framers of the Constitution were resistant to the idea of placing too much power in the national government. This is reflected in the importance of civil liberties in the drafting of the Constitution.
Teaching the Constitution in schools can help students understand what Congress can and cannot do, and how to identify and fight unconstitutional laws. It is a way to ensure that young Americans understand and appreciate the country's freedoms and liberties.
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The Constitution in comparison to other nations
The US Constitution has had a profound influence on the world, with its concepts of governance spreading internationally. However, it is important to note that its influence has waxed and waned over time, and other nations' constitutions have also played a significant role in shaping global constitutionalism.
The US Constitution is an expression of Americans' divergence from colonial rule, with its ideals of limiting the power of rulers and recognising individual rights. The US Constitution's influence can be seen in the spread of constitutional conventions, written constitutions, ratification, and amendment procedures globally. For instance, nationalist movements in Asia and Latin America after the Spanish-American War borrowed from it, as did decolonisation movements in Africa, the Middle East, and Asia after World War I.
However, the US Constitution guarantees relatively few rights compared to other nations' constitutions, and it contains less than half of the provisions listed in the average bill of rights. For example, the right to keep and bear arms is found in the constitutions of only three nations: the US, Guatemala, and Mexico. Supreme Court Justice Ruth Bader Ginsburg viewed the US Constitution as a "relic of the 18th century" rather than a model for new constitutions. She suggested that nations seeking modern constitutional models might look to the constitutions of South Africa, Canada, and the European Convention on Human Rights.
The constitutions of other nations also differ from the US Constitution in various ways. For instance, the French political observer Alexis de Tocqueville noted that while other nations have adopted a representative system of government, the US judicial system is unique in its organisation and power of judicial review. The Australian Constitution, dating back to 1900, was given legal force by an Act of the UK Parliament, and it was not until 1986 that Australia removed the UK's power to change its Constitution. Japan's Constitution, on the other hand, was drafted under the Allied occupation following World War II to replace the previous militaristic and absolute monarchy with a liberal democracy.
While the US Constitution has had a significant impact on the world, it is important to recognise the unique constitutional developments and influences of other nations as well. The spread of constitutional ideas and exchanges between countries has contributed to the global search for freedom and the rule of law.
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The Constitution and the Founding Fathers
The US Constitution is a topic that is still taught in schools today, and it is a topic that is important for people to know about. The Constitution is a set of rules that protects the rights of US citizens and gives them freedom and liberty. It is the heart of the United States, and it is important for school students to understand what the government can and cannot do, as well as how to fight laws that are unconstitutional.
The Founding Fathers created the Constitution to unite the thirteen colonies under a single effective government. The Founding Fathers were influenced by the desire to escape oppressive British rule and protect civil liberties. The Constitution was also influenced by the Great Law of Peace of the Iroquois Nations, a Native American tribe. The Iroquois League was the oldest and most highly evolved participatory democracy on Earth at the time. The Founding Fathers modelled the Constitution on the principles and form of the Great Law of Peace, creating a "living Constitution" with broad provisions that could be applied to new situations.
The US Constitution is unique in the way that it organises judicial power, as noted by French political observer Alexis de Tocqueville. The Constitution gives the Supreme Court the responsibility of interpreting its provisions and applying them to new situations, which few other courts in the world have the authority to do. This power of judicial review assures individual rights and maintains the "living Constitution".
The Constitution has been taught to foreign law students and lawyers at USC's LLM Program, where students from Nigeria, Australia, Japan, Korea, France, Italy, and China were surprised to learn about the framers' resistance to placing too much power in the national government. They also learned about the importance of civil liberties in the drafting of the Constitution, which was influenced by complaints about British rule. The US Constitution is more than a piece of paper; it is a pillar of the nation, standing against the oppression and tyranny of any ruling class, including the government.
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The Constitution and the Supreme Court
The US Constitution is a topic that is still not comprehensively taught in schools. The true history of the US Constitution is not widely known, and there is a general consensus that it should be taught more widely. The Constitution is a crucial document that protects the rights of US citizens, and it is important that school students understand what Congress can and cannot do, and how to fight laws that are unconstitutional.
The Constitution is modelled on the Great Law of Peace of the Iroquois Nations, a Native American tribe. The Iroquois League was the oldest and most highly evolved participatory democracy on Earth during the 18th century. The Founding Fathers were influenced by this example of effective government and human liberty, and in 1987, the United States Senate acknowledged the influence of the Iroquois Nations on the Constitution.
The Constitution is also a "living document" that is continually applied to new situations. The Supreme Court plays a crucial role in assuring individual rights and interpreting the Constitution. Chief Justice Charles Evans Hughes observed that the Supreme Court is “distinctly American in concept and function”. The Court has significant authority in constitutional interpretation, and its power of judicial review is unique.
Teaching the Constitution in schools can help students understand the principles of liberty and prosperity, and empower them to protect their rights. It can also provide a basis for understanding the US government and its functions, as well as the importance of civil liberties in the drafting of the Constitution.
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