Jonah Patel
The United States Constitution is a historical document that has been amended and interpreted over the years. While it is a foundational text in American history, there are several often-cited phrases and concepts that are not actually a part of the Constitution. For example, the phrase from each according to his ability, to each according to his needs is commonly misattributed to the Constitution, but it actually originates from Karl Marx's Critique of the Gotha Program. Another misconception is the idea that the Constitution includes religious references to God, Jesus, or Lord. While the word Lord appears in the signatory section, it is not a religious reference, and the Constitution notably avoids involving itself in matters of religion. Additionally, the phrase life, liberty, or property is often associated with the Constitution, but it actually comes from the Declaration of Independence, while the 5th Amendment offers similar protections. These examples highlight the importance of understanding the Constitution's true content and context, separate from popular misconceptions.
| Characteristics | Values |
|---|---|
| Phrases not in the U.S. Constitution | "From each according to his ability, to each according to his needs" |
| "God," "Jesus," or "Lord" | |
| "Life, liberty, or property" | |
| "Iroquois Confederacy political concepts and ideas influenced the U.S. Constitution" | |
| Opening words | "We the People" |
| Amendment protecting people from cruel and unusual punishment | Eighth Amendment (1791) |
| Amendment declaring that individuals have fundamental rights | Ninth Amendment (1791) |
| Clause prohibiting state governments from discriminating against citizens of other states | "Privileges and immunities" clause |
| Clause giving Congress the power to make rules for disposing of federal property | Territorial Clause |
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What You'll Learn
- 'From each according to his ability, to each according to his needs' is not in the Constitution
- The Constitution does not include the words 'God', 'Jesus', or 'Creator'
- Life, liberty, or property is a phrase from the Declaration of Independence
- The Constitution does not mention 'homosexual marriage'
- The Constitution does not contain the word 'impeachment'
'From each according to his ability, to each according to his needs' is not in the Constitution
The phrase "from each according to his ability, to each according to his needs" is often mistakenly attributed to the US Constitution. In fact, it originates from Karl Marx's 1875 work 'Critique of the Gotha Program'. This work is considered to be a summary of the principles of communism.
In the 'Critique of the Gotha Program', Marx describes a communist society that has emerged from a capitalist one. In this society, the individual producer receives from society what they are able to contribute to it through their labour. This is a key tenet of communism, where labour is seen as the source of all wealth and culture, and therefore, no one can appropriate wealth except as a product of labour.
Marx's phrase has been interpreted to mean that everyone will contribute to society to the extent of their abilities and receive according to their contribution. However, it is important to note that the amount received is relative to one's own ability, rather than in comparison to others. This idea prioritises meeting the basic needs of the worst-off in society.
Despite its association with the US Constitution, the phrase has no connection to it. In a 2002 Columbia Law School study, two-thirds of those polled believed the phrase was part of the Constitution or crafted by its framers. This misunderstanding highlights the enduring influence and impact of Marx's ideas, even in contexts where they may not be directly applicable.
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The Constitution does not include the words 'God', 'Jesus', or 'Creator'
The United States Constitution does not include the words "God", Jesus, or Creator. This may seem surprising, especially given that the Declaration of Independence, drafted by Thomas Jefferson, mentions "Nature's God", "Creator", and "Supreme Judge". The Declaration states 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 Founding Fathers' decision to omit any reference to a deity in the Constitution was not due to a lack of spiritual belief or disdain for religion. Instead, it reflected their intention to keep the new government separate from matters of religion. This is further supported by the original Constitution's prohibition of any religious test for holding federal office.
While the Constitution does not explicitly mention God, Jesus, or Creator, there is one notable exception. In the Signatory section, the date is written as "Seventeenth Day of September in the Year of our Lord one thousand seven hundred and eighty-seven". However, the use of the word "Lord" in this context is not a direct religious reference, but rather a common way of expressing the date, both in religious and secular contexts.
In contrast to the United States Constitution, several nations include references to God or a deity in their constitutions. This is often referred to as invocatio dei ('invocation of God') or nominatio dei ('naming of God'). For example, the constitutions of several European countries and Islamic nations include such references, reflecting the influence of established churches and the tradition of invoking God in legal documents. On the other hand, countries like France and those influenced by its laicist tradition, such as Norway, Italy, and Spain, have chosen to preserve religious neutrality in their constitutions.
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Life, liberty, or property is a phrase from the Declaration of Independence
The phrase "life, liberty, and the pursuit of happiness" is often cited as a key component of the US Constitution. However, this phrase is actually from the Declaration of Independence, a powerful statement of principles that, unlike other founding documents, is not legally binding.
The Declaration of Independence was written by Thomas Jefferson and adopted on July 4, 1776. It sets out the reasons for the American colonies' separation from Great Britain and their right to govern themselves. The phrase "life, liberty, and the pursuit of happiness" is part of a passage that reads:
> "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."
This phrase is similar to a line in John Locke's "Two Treatises of Government," where he argued that political society existed to protect "property," which he defined as a person's "life, liberty, and estate." Scholars have also attributed the phrase to Jean-Jacques Rousseau.
The 5th Amendment to the US Constitution does offer protections for "life, liberty, or property," stating that no person can be deprived of these without due process of law. This amendment is a legal protection that ensures these rights, first articulated in the Declaration of Independence, are preserved.
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The Constitution does not mention 'homosexual marriage'
The Constitution of the United States does not mention homosexual marriage. While the Constitution guarantees certain fundamental rights and protections, it does not explicitly address the issue of marriage between same-sex couples.
The debate surrounding same-sex marriage in the United States has been a long and contentious one, with legal recognition expanding from a single state in 2004 to all fifty states in 2015. This expansion was achieved through various court rulings, state legislation, and direct popular votes. The Supreme Court of the United States played a pivotal role in this process, with landmark decisions such as United States v. Windsor in 2013 and Obergefell v. Hodges in 2015.
In United States v. Windsor, the Supreme Court struck down the Defense of Marriage Act (DOMA) of 1996, which had defined marriage as a union between a man and a woman. The Court found that DOMA violated the Fifth Amendment to the Constitution by denying federal recognition and benefits to same-sex married couples.
Subsequently, in Obergefell v. Hodges, the Supreme Court established a constitutional right to same-sex marriage. The Court ruled that the fundamental right of same-sex couples to marry is guaranteed by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This ruling ensured that same-sex couples could marry on the same terms and conditions as opposite-sex couples and enjoy all the accompanying rights and responsibilities.
While the Constitution itself does not mention homosexual marriage, state constitutions and courts have played a significant role in the legal recognition of same-sex marriage. In 2008, the Connecticut Supreme Court ruled in Kerrigan v. Connecticut Department of Health that a state law banning same-sex marriage violated the state constitution's guarantee of equal protection under the law. Similarly, the Iowa Supreme Court unanimously affirmed a lower court ruling that struck down the state's ban on same-sex marriage, also citing the equal protection clause of the state constitution.
In conclusion, while the Constitution does not explicitly mention homosexual marriage, it provides a framework of fundamental rights and protections that have been interpreted by courts to include the right to same-sex marriage. Through judicial interpretation and public advocacy, the United States has expanded legal recognition of same-sex marriage, ensuring equality and non-discrimination for homosexual couples.
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The Constitution does not contain the word 'impeachment'
While the US Constitution does contain provisions that are relevant to the impeachment of federal officials, the word "impeachment" is notably absent from the text. The Constitution grants Congress the authority to impeach and remove the President, with the House of Representatives having the sole power of impeachment and the Senate being responsible for trying impeachments.
Article I, Section 2, Clause 5 of the Constitution states that the House of Representatives "shall have the sole Power of Impeachment". This means that the House has the exclusive authority to initiate the impeachment process for federal officials, including the President, vice president, judges, and other civil officers. The Senate, on the other hand, is assigned the sole responsibility of trying impeachments in Article I, Section 3, Clause 6. This means that the Senate acts as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official.
It is important to note that impeachment and "removal from office" are not synonymous. While impeachment is the process of charging and trying an official, removal from office is one of the possible outcomes of impeachment. In the case of a conviction, the penalty includes removal from office and, in some cases, disqualification from holding future public offices.
The absence of the word "impeachment" in the Constitution does not diminish its significance as a tool for holding federal officials accountable. The impeachment process is a fundamental component of the system of checks and balances, ensuring that those in power are subject to scrutiny and can be removed if found guilty of "treason, bribery, or other high crimes and misdemeanors".
The specific definition of "high crimes and misdemeanors" has long been a subject of debate, as it is not explicitly defined in the Constitution. The determination of what constitutes impeachable conduct is influenced by various factors, including political interests, institutional relationships, and legislators' interaction with the public.
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Frequently asked questions
“From each according to his ability, to each according to his needs”. This phrase originates from Karl Marx's 1875 "Critique of the Gotha Program".
The words “God”, “Jesus”, and “Creator” never appear in the Constitution or its Amendments. The word “Lord” is used once in the Signatory section, but this is not a religious reference.
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity".
The phrase was coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style.
No, this phrase originates from the Declaration of Independence. However, the 5th Amendment does offer protections for "life, liberty, or property", stating that citizens cannot be deprived of any of them without due process of law.
