Malcolm Rivera
The United States Constitution is a historic document that has undergone numerous changes since its inception. While it serves as the supreme law of the land, there are certain notable absences in its text. One intriguing aspect is the absence of certain three-letter words, which have been deliberately omitted or replaced with alternative phrases. For instance, the words the, God, and, and tax are not present in the Constitution, and the word “expression” is absent from the First Amendment, despite its common association with freedom of expression. The absence of these words carries significant implications and has sparked discussions about the intentions of the Framers and the interpretation of constitutional rights.
| Characteristics | Values |
|---|---|
| Words not included | Slave, slavery, expression, immigration, separation of powers, impeachment, removal from office |
| Errors | Typographical, congressional |
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What You'll Learn
Slavery was not mentioned until the 13th Amendment
The word "the" is a three-letter word that is notably absent from the original text of the US Constitution. However, it is worth noting that the word appears in the transcribed version of the Constitution due to an addition made by Jacob Shallus during the transcription process.
Now, regarding the statement "Slavery was not mentioned until the 13th Amendment":
The original US Constitution, drafted in 1787, did not explicitly mention the word "slavery." Instead, the framers of the Constitution used euphemisms and indirect references to avoid directly addressing the issue. For example, they used phrases such as "importation of persons" in Article 1, Section 9 to allude to the slave trade, "other persons" in Article 1, Section 2, and "person held to service or labor" in Article 4, Section 2 to refer to slaves. The Three-Fifths Compromise, mentioned in Article I, Section 2, Clause 3, is also relevant, as it provided a basis for how enslaved persons were regarded by the federal government, considering them as "three-fifths" of a fully free citizen.
The omission of the word "slavery" from the Constitution reflected the complex and contentious nature of the issue during the nation's founding. The founding fathers, despite their stated commitment to liberty and equality, struggled to reconcile the existence of slavery with their ideals.
It wasn't until the 13th Amendment, passed by Congress on January 31, 1865, and ratified on December 6, 1865, that slavery was specifically mentioned in the Constitution. The 13th Amendment, also known as the Abolition of Slavery Amendment, explicitly abolished slavery and prohibited involuntary servitude within the United States and its territories, except as punishment for crimes. President Abraham Lincoln played a crucial role in pushing for the adoption of this amendment, recognizing that a constitutional amendment was necessary to guarantee the permanent abolishment of slavery.
The 13th Amendment marked a significant turning point in American history, providing a final constitutional solution to the issue of slavery and expanding civil rights for Americans. It is one of the three Reconstruction Amendments, along with the 14th and 15th Amendments, that reshaped the nation in the aftermath of the Civil War.
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Expression is not in the 1st Amendment
The First Amendment of the US Constitution guarantees several freedoms, including freedom of speech, freedom of the press, and the right to petition and assemble. While it is often said that the First Amendment protects the freedom of expression, the word "expression" does not appear in the amendment. Instead, the rights to freedom of speech, press, assembly, and petition are explicitly mentioned.
The First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." The freedom of expression is a term that has been used as a shorthand or a term of art to encompass these specific freedoms.
The use of the phrase "freedom of expression" is common in discussions and studies of the First Amendment. However, it is important to understand that this phrase refers specifically to the freedoms of speech, press, assembly, and petition, which are explicitly mentioned in the amendment. By guaranteeing these freedoms, the First Amendment ensures that individuals have the right to express themselves without interference from Congress or the government.
While "expression" is not explicitly mentioned in the First Amendment, the amendment's protection of freedom of speech and the press encompasses a broad range of expressive activities. This includes not only verbal and written communication but also symbolic speech and actions that convey a message. The US Supreme Court has interpreted the scope of protected speech under the First Amendment, providing clarity on what constitutes protected expression.
In conclusion, while the word "expression" is not in the First Amendment, the amendment's protection of freedom of speech, press, assembly, and petition ensures individuals' right to express themselves. The phrase "freedom of expression" is a convenient shorthand that encapsulates these fundamental freedoms guaranteed by the First Amendment of the US Constitution.
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The phrase We hold these truths to be self-evident is not in the Constitution
The phrase "We hold these truths to be self-evident" is not in the Constitution of the United States. This phrase is from the United States Declaration of Independence, which was penned by Thomas Jefferson during the beginning of the Revolutionary War in 1776. Benjamin Franklin stylized the final form of the sentence.
The phrase appears in the second paragraph of the Declaration of Independence:
> "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
The Declaration of Independence states the principles on which the US government and identity are based. It is not legally binding but is considered a powerful document. The phrase "We hold these truths to be self-evident" reflects Enlightenment philosophy and the influence of John Locke's belief in inherent equality and individual liberty.
The US Constitution, on the other hand, is the supreme law of the land. It establishes the federal government and outlines the distribution of powers and responsibilities. While the Constitution does not include the phrase "We hold these truths to be self-evident," it does address matters of equality and rights. For example, it stipulates that no religious test shall ever be required for any office or public trust under the United States. Additionally, the 13th Amendment specifically mentions slavery, and the 14th Amendment addresses immigration-related powers.
In conclusion, while the phrase "We hold these truths to be self-evident" is not in the Constitution, it holds significant value in American history as part of the Declaration of Independence, influencing the nation's principles and ideals.
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The word impeachment is not synonymous with removal from office
The US Constitution outlines the process of impeachment, which is the process of bringing charges against a sitting member of the government, including the President, Vice President, and other federal civil officers. Impeachment does not automatically mean removal from office. Instead, it is the first step in a three-part process that may lead to removal from office.
The Constitution grants the House of Representatives the sole power of impeachment. If a simple majority is reached in the House, they will then report back to the Senate with their findings. The Senate then has sole responsibility for trying impeachments. The third and final step is the imposition of a penalty if the Senate convicts.
The impeachable offenses for public officials are outlined in the Constitution as "Treason, Bribery, or other high Crimes and Misdemeanors." While the meaning of treason and bribery is relatively clear, the scope of high crimes and misdemeanors lacks a formal definition and has been fleshed out over time.
If a public official is convicted on at least one article of impeachment, the presiding officer announces the conviction and removal of the official from their office. The Senate can then decide if this person will be barred from public office permanently. However, if there is less than a two-thirds majority to convict on any of the articles of impeachment, the accused official is acquitted and remains in office.
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The Constitution does not include a Separation of Powers Clause
The US Constitution is a revered document, but it is not without its faults and oddities. For example, it is notable that the word "God" does not appear in the Constitution, despite the importance of religion to the Founding Fathers. This absence is indicative of the Framers' intention to keep the new government out of religious affairs.
While the Constitution does not include an explicit "Separation of Powers Clause", the concept of separation of powers is indeed a fundamental principle of the US Constitution. This principle is derived from the text and structure of the Constitution's first three articles, which divide powers across three branches of government: the legislative, executive, and judiciary.
Article I, Section 7, for instance, requires that any legislation passed by Congress be presented to the President for signature or veto before becoming law. This provision ensures that legislative power is not concentrated in a single entity, thereby protecting against arbitrary and oppressive government action.
The Vesting Clause in Article II further underscores the separation of powers by stating that the executive power is vested in the President of the United States. Similarly, Article III's Vesting Clause affirms that the judicial power resides in the Supreme Court and inferior courts established by Congress.
The absence of a single clause mandating separation of powers does not diminish its importance as a constitutional principle. The Supreme Court has played a pivotal role in interpreting and upholding this principle, as evidenced in cases like Clinton v. City of New York (1998) and Immigration and Naturalization Service v. Chadha (1983).
Over the years, the Supreme Court has vacillated between a formalistic approach, emphasising distinct branches, and a more flexible functional approach, allowing for some overlap in functions as long as core attributes are not threatened. Despite this flexibility, the Court has been vigilant in curbing any attempts to concentrate powers, such as in Clinton v. City of New York, where it struck down the Line Item Veto Act as violating the bicameralism and presentment requirements of Article I, Section 7.
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Frequently asked questions
The three-letter word "God" is not in the US Constitution.
The absence of the word "God" does not mean that the Framers were not spiritual people. The original Constitution bars any religious test to hold any federal office in the United States.
Yes, the phrase "separation of powers" or "checks and balances" is not in the Constitution, though the concept is written into the first three articles. The word “impeachment” is also not in the Constitution, though the process for removing a President, judge, or federal official from office against their will is outlined. Additionally, the word "immigration", the phrase "freedom of expression", and the words "slave" and "slavery" are not in the original Constitution, though amendments and other laws have been made to address these topics.
