Malcolm Rivera
The U.S. Constitution is a revered document, but it does not mention several significant words and concepts. Notably, the words “slave” and slavery are absent, with circumlocutions used to avoid direct references to the slave trade. The Constitution also does not mention privacy, immigration, education, school, labor unions, corporations, political parties, broadcasting, telecommunications, abortion, contraceptives, and sodomy. The absence of these terms does not preclude legal controversies and court deliberations on related subjects. The Constitution also fails to address certain rights, such as the right to remain silent, and does not include certain procedures, like judicial review. The document has undergone amendments to remedy faults, such as slavery and Prohibition.
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What You'll Learn
- Slavery was avoided, with persons held to service or labour used instead
- Blacks, women, and Jews are not mentioned
- The Electoral College is not mentioned, despite electors being acknowledged
- Privacy is not mentioned, but Supreme Court rulings have established it as a basic human right
- Travel is not mentioned, except for members of Congress
Slavery was avoided, with persons held to service or labour used instead
The US Constitution is a document that has been amended several times, with errors and omissions corrected and addressed over the years. Notably, the Constitution did not originally mention the word "slavery", despite the fact that this was a major concern during the Constitutional Convention. The Framers were careful to avoid the words "slave" and "slavery", instead using phrases like "importation of Persons" (Article 1, Section 9), "other persons" (Article 1, Section 2), and "person held to service or labour" (Article 4, Section 2) to refer to slaves.
The omission of the word "slavery" from the original Constitution has been interpreted in different ways. Some, like Frederick Douglass, have argued that this omission indicated that the Constitution was not intended to be pro-slavery. Luther Martin, a Maryland delegate who opposed ratification, explained that the authors anxiously sought to avoid expressions that might be offensive to Americans. However, the Constitution did include a three-fifths clause, which counted slaves as three-fifths of a person when determining representation in Congress. While offensive to modern sensibilities, this clause was intended to limit the power of states with large numbers of slaves.
The 13th Amendment specifically mentioned slavery, ensuring there was no ambiguity about the practice being eliminated. The 14th Amendment eliminated the euphemism "other persons" and the three-fifths value given to slaves.
The Constitution also avoided any mention of race or colour, with no words indicating black or white found in the text. This absence has been interpreted as evidence that the Constitution was not intended to be racist. Chief Justice Taney, in the Dred Scott case, argued that the Founders believed blacks were not included in the declaration that "all men are created equal". However, this interpretation has been disputed, with no evidence of racism found in the Constitution.
In addition to slavery and race, the Constitution also omitted any mention of blacks, women, and Jews, which has led to valuable discussions about the nation's founding principles and what is worth celebrating. The document also does not include the words "education", "school", "labor unions", "corporations", "political parties", "immigration", "broadcasting", "telecommunications", "privacy", "abortion", "contraception", or "sodomy".
Other notable omissions from the Constitution include the size of the Supreme Court, protections for the President against congressional subpoenas, and the right to remain silent.
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Blacks, women, and Jews are not mentioned
The original US Constitution does not mention "blacks", "women", or "Jews". The absence of these terms is notable, given that they are all demographic groups that have faced significant historical discrimination and marginalization in the United States.
The omission of "blacks" from the Constitution is particularly striking, given that the issue of black slavery was a major concern during the Constitutional Convention. While the Constitution does not explicitly mention slavery, it does include a clause counting each slave as three-fifths of a person when determining representation in Congress. This clause was an attempt to limit the power of states with large numbers of enslaved people, as enslaved people could not vote. The Framers carefully avoided using the words "slave" and "slavery" in the text, instead using phrases like "person held to service or labor".
The omission of "women" from the Constitution reflects the historical exclusion of women from political and social spheres in the United States. Women were not granted the right to vote until 1920 with the 19th Amendment, and they continue to face significant barriers to political representation and equal rights even today.
The absence of "Jews" from the Constitution is also notable, given that Jews have faced religious discrimination and persecution throughout history, including in the United States. However, it is important to note that the Constitution also does not mention any specific religious group, instead stating that "no religious test shall ever be required as a qualification to any office or public trust under the United States".
The lack of explicit mention of these groups in the Constitution does not mean that they are without constitutional protection. The Constitution is a living document that has been interpreted and reinterpreted over time, and Supreme Court decisions have established that certain rights, such as privacy and equality, are inherent and apply to all people, regardless of race, gender, or religion.
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The Electoral College is not mentioned, despite electors being acknowledged
The United States Constitution is a document that establishes the framework of the country's federal government and outlines the rights and freedoms of its citizens. One notable aspect of the American political system is the Electoral College, which plays a crucial role in the process of electing the President and Vice President.
While the concept of electors is acknowledged in the Constitution, the term "Electoral College" is notably absent from the document. The Founding Fathers established the Electoral College as a compromise between electing the President through a vote in Congress and a popular vote of qualified citizens. This process, outlined in Article II, Section 1, involves the selection of electors, their meeting to vote for President and Vice President, and the counting of electoral votes by Congress.
The Electoral College consists of 538 electors, with each state having the same number of electors as its members in the Congressional delegation. The District of Columbia is also allocated electors and is treated like a state for this purpose. The electors are appointed by the state executives, who sign a Certificate of Ascertainment to appoint the chosen electors.
Despite the absence of the term "Electoral College" in the Constitution, the process has been a part of the American political system since its early days. The first party influence on the electors occurred in the second presidential election in 1792, with the Federalists and Jeffersonians vying for control of the Vice-Presidential selection. The Electoral College has been a source of recurring political controversy and has undergone significant constitutional, legislative, and political changes over time.
The lack of a uniform national system for appointing electors has also led to variations in state practices. While most states use a "winner-take-all" approach, awarding all electors to the candidate who wins the state's popular vote, some states, like Maine and Nebraska, have adopted proportional representation methods. The selection of electors and the casting of their votes are regulated by Congress, which has determined the process and timing of these events.
In conclusion, while the Electoral College is not explicitly mentioned in the Constitution, the concept of electors and the process of their selection and voting are integral parts of the American political system. The Founding Fathers established this process as a compromise, and it continues to shape the way the President and Vice President are chosen in the United States.
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Privacy is not mentioned, but Supreme Court rulings have established it as a basic human right
The Constitution of the United States does not explicitly mention the "right to privacy". However, over the years, the Supreme Court has made rulings that have established privacy as a basic human right. The Supreme Court's interpretation of the Constitution has created a "zone of privacy" that protects individuals from government intrusion.
The Supreme Court's rulings on privacy have been influenced by various constitutional amendments. For example, the Fourteenth Amendment's concept of personal liberty and restrictions on state action has been interpreted to include an individual's right to privacy in matters such as abortion and contraception. The First, Third, Fourth, Fifth, and Ninth Amendments have also been cited by the Supreme Court to establish an implied right to privacy.
The right to privacy has been a factor in several controversial Supreme Court rulings. For instance, in the Griswold case, the Supreme Court found that the Constitution guarantees a right to privacy against government intrusion. This ruling was later extended to include the right of unmarried couples to purchase contraceptives in the Eisenstadt case. The Roe v. Wade case, which dealt with abortion, and the Loving case, which dealt with interracial marriage, also relied on the right to privacy.
The Supreme Court's recognition of the right to privacy has had a significant impact on the lives of Americans, especially in matters relating to personal autonomy and individual liberty. However, it is important to note that the right to privacy is not absolute and is constantly evolving through subsequent Supreme Court decisions. For example, in the Dobbs v. Jackson Women's Health Organization case, the Supreme Court overturned Roe v. Wade, finding that the right to privacy was not mentioned in the Constitution.
In other countries, such as India, the right to privacy has also been established as a fundamental right through court rulings. The Indian Supreme Court ruled that the right to privacy is a fundamental right for citizens under Article 21 of the Constitution. This ruling paved the way for the decriminalization of homosexuality in India and the protection of privacy in the digital age.
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Travel is not mentioned, except for members of Congress
The United States Constitution does not mention the word "travel", except in reference to members of Congress. This is likely because the means of long-distance travel during the late 18th century were limited to horse-drawn carriages, sailing ships, and one's own two feet. Travel by horse-drawn carriage or ship was expensive and time-consuming, and it is unlikely that the Founding Fathers envisioned a time when travel would be quick, affordable, and accessible to the average person.
Article I, Section 6 of the Constitution states that "The Senators and Representatives [...] shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same". This clause, known as the "Inability to Arrest Clause", ensures that members of Congress cannot be arrested on their way to or from a session of Congress, thereby protecting their ability to travel to and from Congress without interference.
The Constitution also grants Congress the power to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers". This clause, known as the "Necessary and Proper Clause", gives Congress the authority to legislate on matters related to travel, such as the establishment of roads, canals, and other infrastructure projects.
In addition, the Constitution sets out the qualifications for becoming a senator, including the requirement to be a resident of the state that one seeks to represent. This implies that senators must have the ability to travel to their state's capital city or seat of government in order to carry out their duties.
While the Constitution does not explicitly mention travel, the Founding Fathers likely recognized the importance of travel in the functioning of the government and ensured that members of Congress had the ability to travel to and from their duties without interference.
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Frequently asked questions
Executive privilege.
Judicial review.
Districts.
Privacy.
Slave.
