Simone Lawson
The Constitution of the United States of America is the supreme law of the land. It provides limitations on the government that protect the fundamental rights of US citizens, including civil rights, political minority groups and aliens. Every branch of the government has an equal responsibility to uphold the Constitution.
| Characteristics | Values |
|---|---|
| Who is protected by the Constitution in America | United States citizens |
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What You'll Learn
The right to life, liberty, and property
The Constitution of the United States of America is the supreme law of the United States. It provides important limitations on the government that protect the fundamental rights of United States citizens.
The meaning of "life, liberty, and property" has been expanded by the courts. For example, in the 1970 case of *Goldberg v. Kelly*, the Court found that some governmental benefits, such as welfare benefits, amount to "property" with due process protections.
Congressman Warren Davidson has stated that protecting the Constitution is the responsibility of every branch of government, and that infringements on the Constitution, especially the First, Second, and Fourth Amendments, have been seen recently.
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The right to equal protection of the laws
The Constitution of the United States of America is the supreme law of the United States. It provides important limitations on the government that protect the fundamental rights of United States citizens.
The Fourteenth Amendment to the Constitution, which became part of the supreme law of the land in 1868, includes the right to equal protection of the laws. This means that the federal and state governments must govern impartially and not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.
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The right to use privately owned public accommodations or facilities
The Constitution of the United States of America is the supreme law of the United States. It provides important limitations on the government that protect the fundamental rights of United States citizens.
In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well as educational institutions, recreational facilities, and service centers.
Under U.S. federal law, public accommodations must be accessible to the disabled and may not discriminate on the basis of "race, color, religion, or national origin." The law prohibits a place of public accommodation from refusing, withholding, or denying any of the accommodations, advantages, facilities, or privileges of the place of public accommodation based on a protected characteristic.
Despite these laws, the United States has a history of violating civil rights in public accommodations and public facilities. For example, in 1961, African Americans were still sitting in the back of the buses in the South and were not permitted to use "whites only" restroom facilities in the terminals, despite the Supreme Court outlawing segregation on interstate buses in 1946.
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The right not to be discriminated against in private employment
The Constitution of the United States of America is the supreme law of the United States. It provides important limitations on the government that protect the fundamental rights of United States citizens.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you’ve been discriminated against at work or in applying for a job, the EEOC may be able to help.
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The right to a job, adequate housing, and equal distribution of resources
The Constitution of the United States of America is the supreme law of the United States, providing important limitations on the government that protect the fundamental rights of United States citizens.
The right to a job is not explicitly mentioned in the US Constitution, but it is recognised in the International Covenant on Economic, Social and Cultural Rights. The right to work includes the right of everyone to the opportunity to gain a living by work which they freely choose or accept. In the context of labour law in the US, the term right-to-work laws refers to state laws that prohibit union security agreements between employers and labour unions. Twenty-eight states have right-to-work policies, and in 2018 the US Supreme Court ruled that agency shop arrangements for public sector employees were unconstitutional.
The right to adequate housing is not explicitly mentioned in the US Constitution, but it is recognised in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. The right to housing includes the availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location and cultural adequacy. While the US Supreme Court has recognised the importance of decent, safe and sanitary housing, it has not found an explicit constitutional basis for a legal right to adequate housing.
The Equal Protection Clause of the Fourteenth Amendment to the US Constitution mandates that individuals in similar situations be treated equally by the law. This clause was a large shift in American constitutionalism, applying more constitutional restrictions against the states than had applied before the Civil War.
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Frequently asked questions
The Constitution of the United States of America protects the fundamental rights of United States citizens.
The Constitution of the United States of America is the supreme law of the United States.
The Constitution provides important limitations on the government.
The Constitution outlines the fundamental rights of United States citizens, which the government must protect.
Every branch of the government has an equal responsibility to uphold the Constitution.
