Omar Bennett
The US Constitution is a document that serves as the framework for the United States government. Interestingly, there are several notable omissions from the text. For instance, the words privacy and silence are not mentioned in the Constitution, despite their significance in American life. The term Electoral College is also absent, even though the concept of presidential electors is addressed. Furthermore, religious terms such as God, Jesus, and Lord are notably absent from the text, except in the signatory section. These omissions highlight the complexities and nuances of the US Constitution and how it has been interpreted and applied over time.
| Characteristics | Values |
|---|---|
| Words relating to God | None of the words "God", "Jesus", or "Lord" appear in the Constitution, except in the Signatory section. |
| Presumption of Innocence | This concept is not explicitly mentioned in the Constitution but is a basic right in the US justice system. |
| Right to Privacy | The word "privacy" is absent from the Constitution, though it has been interpreted from the Fourth Amendment. |
| Right to a Jury of Peers | While the right to an impartial jury is guaranteed, there is no mention of peers. |
| Political Parties | Political parties are not mentioned or assigned any official responsibilities. |
| Right to Remain Silent | This right is not in the Constitution but is an extension of the Fifth Amendment. |
| Pursuit of Happiness | This concept is absent from the Constitution and is instead found in the Declaration of Independence. |
| Judicial Review | Despite its common usage, judicial review is not mentioned in the Constitution. |
| Executive Orders | Executive orders are not mentioned, but they have been a long-standing practice. |
| Electoral College | The Constitution refers to "Electors" but not the collective term "Electoral College". |
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What You'll Learn
Privacy is not mentioned in the Constitution
While the US Constitution does not explicitly mention the word "privacy", the Supreme Court has interpreted it to include privacy protections for individuals. This implied right to privacy has been derived from the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments.
In Griswold v. Connecticut, the Supreme Court found that the Constitution created a "zone of privacy", preventing the government from forbidding married couples from using contraception. The Court's interpretation of the Constitution in this case established a right to privacy for married couples. The Court extended this right to unmarried couples in Eisenstadt v. Baird (1971).
The right to privacy has also been used to protect the ability to have consensual sex without being sent to jail. In Roe v. Wade, the Supreme Court used the right to privacy, derived from the Fourteenth Amendment, to protect a woman's right to choose whether or not to terminate her pregnancy. This decision was later overturned in Dobbs v. Jackson, removing the constitutional right to abortion.
The right to privacy also includes informational privacy, which allows individuals to limit the government's disclosure of information about them. This right has been extended to prominent public and political figures.
While the word "privacy" is not found in the text of the Constitution, the Supreme Court has interpreted it to include protections for individual privacy, which have become some of the nation's most cherished and commonly used rights.
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The right to remain silent is not explicitly stated
The right to remain silent is a concept that is not explicitly stated in the US Constitution, but it is assumed to exist prior to the American Revolution. This right is considered a safeguard protecting citizens against arbitrary actions of the state. While not explicitly mentioned in the Constitution, it is enshrined in the Fifth Amendment, which states that no person shall "be compelled in any criminal case to be a witness against himself". This is often referred to as the self-incrimination clause, and it is a critical protection for individuals undergoing police questioning or trial, helping them avoid making self-incriminating statements.
The right to remain silent is not a novel concept, as it has been adopted by many nations of the former British Empire, including Commonwealth nations, the United States, and Ireland. It is also protected by the common-law tradition inherited from England, although it no longer applies in England and Wales, where a suspect's silence can be considered a sign of guilt. The right to silence is also protected in other countries, such as Japan, Latvia, and India, where individuals have the right to refuse to testify against themselves or to remain silent during criminal proceedings.
In the United States, the right to remain silent has been further strengthened by the establishment of Miranda Warnings, which came into being after the United States Supreme Court case of Miranda v. Arizona. The Miranda Warning informs a suspect of their right to remain silent after being placed under arrest. This warning is crucial because, according to the Raffel ruling, once a suspect begins cooperating with law enforcement, they give up their right to remain silent and must continue cooperating throughout their arrest, trial, and judgment.
The absence of an explicit mention of the right to remain silent in the US Constitution highlights the dynamic nature of legal interpretations and the need for ongoing judicial review. While the right to remain silent is not explicitly stated, it has been inferred and protected through judicial decisions and amendments, demonstrating the adaptability of the US legal system to evolving concepts of justice and due process.
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The presumption of innocence is not codified
The presumption of innocence is a fundamental principle of common law and is recognised by the UN Human Rights Committee. It is not, however, explicitly stated in the US Constitution. This basic right, like many others, is derived from English jurisprudence. The presumption of innocence is also not unique to common law systems, as it is fundamental to Islamic law and is expressly regulated in the Rome Statute of the International Criminal Court.
The presumption of innocence imposes on the prosecution the burden of proving the charge and guarantees that no guilt can be presumed until the charge has been proved beyond reasonable doubt. This principle is based on the legal inference that most people are not criminals and that protections should be given to defendants, such as the right to prior notice of the accusation, the right of confrontation, and the right to counsel.
The UN Human Rights Committee has also stated that public authorities should refrain from prejudging the outcome of a trial by making public statements affirming the guilt of the accused. The media should also avoid news coverage that undermines the presumption of innocence, and defendants should not be shackled or confined during trials.
Some laws, known as reverse onus provisions, shift the burden of proof to the accused. These provisions can be considered a limitation on the presumption of innocence. Article 4 of the ICCPR also allows countries to take measures derogating from their obligations under the Covenant, including the right to the presumption of innocence, in times of public emergency.
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God is not in the Constitution, except in the Signatory section
The US Constitution does not contain references to God, except in the Signatory section. The Signatory section, dated "Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty-seven", is the only instance where a religious reference is made in the Constitution. The use of the word "Lord" here is not a direct religious reference, but rather a common dating phrase used at the time.
The absence of religious references in the US Constitution is notable, especially when compared to other countries' constitutions. Many constitutions around the world, particularly those from European countries with established churches, include references to God or a deity. These references, known as invocatio dei ('invocation of God') or nominatio dei ('naming of God'), are often used to legitimize governmental power or express governmental support for a specific religion.
In contrast, the US Constitution, with the exception of the signatory section, does not include any explicit mentions of God or religious references. This reflects the country's approach to religion, emphasizing the separation of church and state. The First Amendment, for example, demonstrates this separation by addressing the free exercise of religion without conceding to a higher law.
While the US Constitution does not include God in its text, the Declaration of Independence does. The Declaration states that people have God-given rights and that a tyrannical government can be altered or abolished. This indicates that the founding fathers considered the role of religion in government, but ultimately chose to keep it separate in the Constitution.
In summary, the US Constitution, with the exception of the signatory section's dating phrase, does not include references to God. This omission is intentional and reflects the country's commitment to religious neutrality and the separation of church and state.
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The Electoral College is not in the Constitution
The US Constitution is a fascinating document, and it is intriguing to consider what it includes and what it omits. While the concept of the presidential elector is in the Constitution, the term "Electoral College" is not. This term, which is now so commonly used, is not mentioned in the original text or any of the Amendments. Instead, Article 1, Section 2 refers to "Electors", and this is echoed in various Amendments, but the Electoral College, as a collective body, is not referenced.
The term "Electoral College" emerged from common usage in the early 1800s, mirroring the term "College of Cardinals" that elects a pope, and it stems from the Latin word "collegium", denoting a group of people acting in unison. While not in the Constitution, "College of Electors" is a term used in US law, specifically in 3 USC 4. This absence of the term "Electoral College" is notable, given the pivotal role this body plays in US elections.
The US Constitution, with its seven articles and 27 amendments, is a detailed document, yet it does not include certain phrases and concepts that many assume are part of it. For instance, the right to privacy, a concept so integral to modern life, is not explicitly mentioned. The idea is inferred from the Supreme Court's interpretation of the Fourth Amendment, which protects against "unreasonable searches and seizures".
Similarly, the right to remain silent, a famous component of the Miranda warning, is not in the Constitution. This right is an extension of the Fifth Amendment's protection against self-incrimination. The presumption of innocence, a fundamental principle in the US justice system, is also not explicitly stated in the Constitution. These examples illustrate how the interpretation and application of the Constitution have evolved over time, with some key concepts being derived from the original text, even if not explicitly stated.
In conclusion, while the Electoral College is a central mechanism in US elections, the term "Electoral College" is not in the Constitution. This omission is interesting, given the importance of this body in the US political process. The Constitution, as a founding document, has been interpreted and applied in various ways over time, and some key concepts, such as privacy and the right to remain silent, have been derived from the original text, even if not explicitly stated.
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Frequently asked questions
The US Constitution does not contain the words "privacy" and "innocent". The right to privacy is derived from the Supreme Court's interpretation of the Fourth Amendment, which protects against "unreasonable searches and seizures". The concept of the presumption of innocence is not codified in the text of the Constitution but is a basic right in the US justice system.
The following are not mentioned in the US Constitution: "The Electoral College", "Executive Orders", "Judicial Review", "The Right to Remain Silent", and "Political Parties".
Religious words such as "God", "Jesus", and most uses of "Lord" do not appear in the Constitution, except for in the Signatory section, where the date is written as "the Year of our Lord one thousand seven hundred and eighty-seven".
