Simone Lawson
The US Constitution is a document that established the US national government and general laws. It is the oldest and arguably most influential written national constitution in the world. However, many Americans are unaware of key facts about the US Constitution and the rights it protects. For instance, a 2023 survey found that only 66% of US adults could name all three branches of the government, while 17% could not name any. The US Constitution is full of surprises, such as the fact that it does not mention democracy, and that it contains a loophole that could allow a dictatorship to flourish.
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What You'll Learn
Many Americans don't know their rights under the First Amendment
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and restricting an individual’s religious practices. It also guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. Additionally, it guarantees the right of citizens to assemble peaceably and to petition their government.
The Annenberg survey found that the only right under the First Amendment with widespread recognition is freedom of speech, with three-quarters (77%) of respondents naming it. However, the First Amendment protects a range of other freedoms, as outlined above.
The First Amendment is one of the first ten amendments to the Constitution, which make up the Bill of Rights. James Madison wrote these amendments to limit government power and protect individual liberties. For example, the Founders saw the ability to speak and worship freely as a natural right protected by the First Amendment.
It is important for Americans to read and understand their Constitution, which established the US national government and general laws. By reading the Constitution, citizens can cut through the polarized conversation and political points of view that overload society and get back to the original text.
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The US Constitution is the world's oldest and most influential
The US Constitution, drafted in 1787, is the oldest written national constitution still in use today. It is also one of the shortest, originally written on just four pages or four large sheets of paper. Despite its brevity, it has had a profound influence on democratic movements worldwide, inspiring dozens of countries to create similar national structures of government.
The US Constitution introduced a new system of governance, emphasising the separation of powers and enshrining freedoms of speech, press, and religion. It was designed to address the weaknesses of the Articles of Confederation, the nation's first governing document, which had established a weak central government. The US Constitution's framework includes a stronger federal structure, secured by the separation of powers. This structure is reflected in the "Great Compromise", which balanced the needs of large and small states by dividing the legislative branch into two bodies: the House of Representatives and the Senate.
The US Constitution has been described as one of the most influential governing documents in the world. Its impact is evident in the many countries that have adopted similar rights and constitutional principles. For example, the National Constitution Center has an interactive tool that allows users to explore how countries incorporate the rights found in the US Constitution. However, the US Constitution's rigidity has made it less of a modern model, as nations now favour more adaptable frameworks.
Despite its significance, many Americans are unfamiliar with the contents of the US Constitution. Surveys have found that while most Americans can name the three branches of government, a concerning number struggle to name any. Law professor Kimberly Wehle has urged Americans to read their Constitution, arguing that it is essential to cut through the polarised political conversation and understand their constitutional rights.
The US Constitution has continually evolved as influential individuals have pushed for America to live up to its ideals. However, the chance of an amendment passing is slim. Over two centuries, more than 11,000 amendments have been proposed, with only a few being adopted. This rigidity has led to criticism and the exploration of alternative interpretations, such as the "originalist" and "judicial activist" approaches.
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It's just 4,543 words, or 7,762 with amendments
The US Constitution is a concise document, comprising just 4,543 words or 7,762 words with amendments. It is the oldest and arguably most influential written national constitution in the world. Drafted in 1787, it was originally written on four large sheets of paper, each measuring about 29 by 24 inches (73 by 60 centimetres). The intent was not to create a new constitution; rather, it was meant to limit the size of the army.
The Constitution is made up of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. Interestingly, the word "democracy" does not appear in the Constitution. Instead, the United States is a republic, where people make decisions indirectly through their representatives. This was a deliberate choice by the framers, who believed that pure democracy was a dangerous form of government.
Despite its significance, many Americans do not fully understand the Constitution or their constitutional rights. Surveys have shown that while most Americans can name the famous first three words, "We the People", many cannot name the three branches of government or the rights protected under the First Amendment. This lack of knowledge can impact their ability to make sense of and participate effectively in the country's political system.
The Constitution has been described as a "living document", open to interpretation and evolution over time. The original meaning of the text is also important, and the document contains peculiar spellings and word choices that reflect the language of the time. The process of drafting the Constitution was a challenging and contentious endeavour, and it continues to be a subject of debate and interpretation today.
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The Supreme Court's decisions are often unanimous
While many Supreme Court decisions are unanimous, many Americans are unaware of key facts about the US Constitution. For instance, a substantial number cannot name all three branches of the government, as revealed by the 2023 Annenberg Constitution Day Civics Survey. The survey also found that only freedom of speech was widely recognized as a right guaranteed by the First Amendment.
The Supreme Court's unanimous decisions are not necessarily "easy" cases. For example, in Muldrow v. City of St. Louis, Missouri, Jatonya Muldrow sued the St. Louis Police Department for violating Title VII, the nation's major job discrimination law. The case involved Muldrow's transfer out of the public corruption and human trafficking division, which resulted in a significant deterioration in her work conditions. The Supreme Court unanimously ruled in Muldrow's favor, lowering the bar for Title VII plaintiffs, despite differing opinions among the justices regarding the analysis of the case.
Another unanimous decision was Bissonnette v. LePage Bakeries Park St., where the Court ruled on whether a transportation worker must work for a company in the transportation industry to be exempt from arbitration under Section 1 of the Federal Arbitration Act. This decision was led by Chief Justice John Roberts Jr. and addressed a contract dispute between two bakery distributors and the company they worked for.
These unanimous decisions reflect the court's function and the fact that, while some issues are highly divisive, there is often consensus among justices of different ideological backgrounds. Matt Levendusky, a Penn political science professor, notes that it is important to remember this when assessing the court's function.
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The document contains peculiar, British spellings
The United States Constitution is the oldest and shortest written national constitution in the world. The document, drafted in 1787, originally fit onto just four large sheets of paper, totalling 4,400 words. With the signature section, the document is 4,543 words, and including all of the amendments, the total is 7,591 or 7,762 words, according to varying sources.
The Constitution was written by Gouverneur Morris I, who wrote the Preamble and is responsible for much of the document's wording. Jacob Shallus, the Pennsylvania General Assembly assistant clerk, was the man behind the pen. Shallus was paid $30, which equates to around $900 today.
At the time, English spellings had not been standardised, and as a result, the document contains peculiar, British spellings and odd words that may look strange today but were acceptable at the time. For example, in the list of signatories, the word 'Pennsylvania' is missing an 'n'. In Article 1, Section 10, there is an errant apostrophe attached to what should be 'its'.
The Constitution is full of surprises. For instance, it contains a loophole that could allow a dictatorship to flourish, and it is possible to become a state-sanctioned pirate.
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