Omar Bennett
The US Constitution is a fascinating document, and it's intriguing to explore the words and concepts that are not included in its text. For example, the words slavery, “slaveholding”, or “slave” are notably absent from the original Constitution, despite the ugly existence of black slavery. The Constitution also doesn't contain the word privacy, and while it guarantees many civil rights, it never explicitly states that the US is a free country. Other surprising omissions include the words black and white, and concepts such as the right to a jury of your peers, political parties, and executive privilege.
| Characteristics | Values |
|---|---|
| Word denoting freedom | Not mentioned |
| Word "privacy" | Not mentioned |
| Word "travel" | Not mentioned |
| Word "slavery" | Not mentioned |
| Word "slave" | Not mentioned |
| Word "race" | Not mentioned |
| Word "color" | Not mentioned |
| Word "black" | Not mentioned |
| Word "white" | Not mentioned |
| Word "political parties" | Not mentioned |
| Word "filibuster" | Not mentioned |
| Word "executive privilege" | Not mentioned |
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What You'll Learn
'Free'
While the United States Constitution protects many civil rights, it never explicitly states that the US is a "free country". This is despite the fact that the First Amendment ensures freedom of religious choice and freedom of speech. However, these freedoms are not without limits. For example, one cannot create a religion that permits murder or use libelous or slanderous language without legal consequences.
The US Constitution also does not contain the word "privacy", although the right to privacy has been established by the Supreme Court as a basic human right protected by the Ninth Amendment. This interpretation stems from the Fourth Amendment, which protects against "unreasonable searches and seizures".
The Constitution also avoids the use of certain words and topics, such as "slavery", "slaveholding", or "slave". Instead, the infamous "three-fifths clause" refers to "all other persons", indicating that slaves were considered less than human by the Founders. The words "race" and "color" were first introduced in the Fifteenth Amendment to secure the right of all citizens to vote.
Another notable absence in the Constitution is the word "travel". While members of Congress are guaranteed the right to travel to and from Congress, there is no explicit right to travel for citizens.
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'Privacy'
The word "privacy" is notably absent from the US Constitution, despite its foundational role in American society. This absence, however, does not diminish the significance of privacy rights, which have been recognised and protected through constitutional law and court decisions over the years.
The right to privacy is deeply rooted in the concept of liberty, with Justice Louis Brandeis defining it as "the right to be left alone". While not explicitly mentioned in the Constitution, privacy rights have been derived from penumbras of other explicitly stated constitutional protections. The Supreme Court, in the 1965 Griswold v. Connecticut case, established the concept of decisional privacy, recognising the right of married couples to use contraception. This decision was based on the understanding that the Constitution implicitly assures individuals the right to control the most personal aspects of their lives and bodies.
The Ninth Amendment to the Constitution further reinforces the protection of privacy rights. It states that the absence of a right in the first eight amendments does not deny or disparage other fundamental rights retained by the people. This interpretation extends to privacy in marriage, which, despite not being explicitly mentioned, is protected under the Ninth Amendment.
The Fourteenth Amendment has also played a crucial role in extending privacy rights. In the landmark Roe v. Wade case, the Supreme Court used the Fourteenth Amendment to protect an individual's right to abortion, citing the right to privacy. Similarly, in Lawrence v. Texas, the Court relied on the Fourteenth Amendment to extend privacy rights to same-sex couples, protecting their right to engage in private sexual conduct.
Privacy rights have evolved and adapted to modern challenges, such as the rise of new technologies and global surveillance disclosures. The threat of privacy invasions by government agencies and the potential conflict with defence against terrorist threats are ongoing debates in the context of privacy rights. While the word "privacy" may not be in the Constitution, it is a fundamental principle protected by the law and upheld by the courts, shaping crucial aspects of American society.
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'Slavery'
The word "slavery" is not mentioned in the original US Constitution. In fact, the word "slavery" entered the Constitution for the first time after the Civil War, with the Thirteenth Amendment, which prohibited slavery across the United States.
The absence of the word "slavery" in the original Constitution has been noted by many, including Frederick Douglass, the renowned black leader and orator. In 1852, Douglass argued that the omission of the word did not indicate that the original Constitution was pro-slavery. He claimed that there was no "warrant, license, nor sanction" for slavery in the document.
However, the Constitution did contain a clause that has been widely interpreted as referring to slavery and has been described as "perhaps the most notorious and, I would contend, the most misunderstood constitutional provision relating to black slavery". This is the "three-fifths clause", which reads: "Representatives and direct taxes shall be apportioned among the several States... according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons."
This clause has been interpreted as reflecting the view that slaves were considered less than human, only a fraction of a human being. However, it is important to note that the authors of the Constitution deliberately avoided using the word "slave" or any explicit references to slavery, as they "anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans."
Despite the absence of the word "slavery" in the original Constitution, the ugly fact remains that black slavery existed and was given constitutional status. The interpretation of the three-fifths clause and other provisions in the Constitution played a significant role in shaping the legal landscape surrounding slavery in the United States.
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'Travel'
The word "travel" is notably absent from the US Constitution, and there is no explicit right to travel for citizens. The only exception is for members of Congress, who are guaranteed the right to travel to and from Congress. This absence has not stopped the development of a right to travel through Supreme Court interpretations and other means.
The right to travel has been established through various means, including court interpretations of the Constitution and federal laws. While the word "travel" is not mentioned, the Constitution does protect certain civil rights and liberties that could be interpreted to include travel. For example, the right to interstate travel has been inferred from the Privileges and Immunities Clause of Article IV of the Constitution, which states that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."
The Supreme Court has also played a role in establishing the right to travel. In the 1942 case of Edwards v. California, the Court ruled that a California law prohibiting people from bringing indigent non-residents into the state violated the "privileges and immunities" of citizens, which included the right to interstate migration. The Court has also interpreted the Due Process Clause of the Fifth and Fourteenth Amendments to include a right to travel internationally, as well as a right to travel locally within a state.
Federal laws have also been enacted to protect the right to travel. For example, the Civil Rights Act of 1866 guarantees all citizens "the same right...to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens," which has been interpreted to include a right to travel. Additionally, the Violence Against Women Act of 1994 includes a provision that guarantees the right to travel interstate for victims of domestic violence.
While the word "travel" is not explicitly mentioned in the Constitution, the right to travel has been established through various means, including court interpretations, federal laws, and the protection of civil rights and liberties. This right to travel is an important part of American life and continues to be protected and upheld through legal means.
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'Political parties'
The word "party" is not mentioned in the US Constitution, nor are political parties given any official responsibilities in government. However, political parties have played a significant role in shaping the country's history, particularly in the context of presidential elections.
The emergence of political parties in the United States can be traced back to the debates surrounding the interpretation of the Constitution. During the Constitutional Convention in 1787, two factions emerged: the Federalists and the Anti-Federalists. The Federalists, led by Alexander Hamilton, advocated for a strong national government, while the Anti-Federalists, led by Patrick Henry and George Mason, favoured state governments over the national government.
The Federalists and Anti-Federalists can be considered the first major political factions in the United States, and their ideological differences laid the groundwork for the development of political parties. By the time of the first presidential election in 1789, and during George Washington's administration, political parties began to form and organise based on differing interpretations of the Constitution and the legacy of the American Revolution.
The Federalists, now including James Madison, and the Democratic-Republicans, led by Thomas Jefferson and James Madison, became the first major political parties. The formation of these parties was influenced by issues such as the creation of a National Bank, with Hamilton arguing for it as a means of providing financial stability to the government, and Jefferson opposing it. The debate over the National Bank led to a covert newspaper campaign by Jefferson, who hired poet Philip Freneau to edit a newspaper, "The National Gazette", to attack Hamilton and his followers.
Over time, the platforms and ideologies of political parties evolved, and the United States transitioned from the first major parties to the modern-day two-party system dominated by the Democratic and Republican Parties. The Democratic Party, represented by a donkey, generally espouses left-leaning, liberal, and progressive values. They advocate for a strong government role in regulating business and providing support for citizens, including government-funded healthcare, women's legal rights to abortion, and support for LGBTQ+ rights. The Republican Party, or the GOP, is generally "pro-life", opposing legal abortion and emphasizing the right to life for unborn fetuses. They also support the Second Amendment right to bear arms and oppose extensive gun control legislation. Additionally, the GOP values a powerful national defence and a strong military.
While the United States primarily operates within a two-party system, other parties, such as the Reform, Libertarian, Socialist, Natural Law, Constitution, and Green Parties, also participate in presidential elections, contributing to the diverse landscape of political ideologies in the country.
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Frequently asked questions
The word "privacy" is not mentioned in the US Constitution.
The right to privacy has been established by the Supreme Court as a basic human right, protected by the 9th Amendment. While the word "privacy" is not mentioned, the 4th Amendment protects against "unreasonable searches and seizures", which has been interpreted as protecting privacy.
Yes, some other notable examples include "slavery", "slave", "slaveholding", “travel”, "political parties", and "executive privilege".
Some words may have been omitted to avoid controversial or odious expressions. For example, Luther Martin, a Maryland delegate to the Constitutional Convention, said that the word "slave" was avoided because the authors "anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans."
