The Most Ignored Parts Of The Us Constitution

Despite being the supreme law of the land, the US Constitution is often ignored, whether by the federal and state governments or the people themselves. The Constitution was created in 1787 by 38 delegates, with a 39th signature from George Reed on behalf of John Dickinson of Delaware. It was designed to address the weaknesses of the Articles of Confederation, which had left the country on the brink of collapse. The Constitution has since been amended several times, with amendments becoming operative as soon as they are ratified by three-fourths of the states. However, there are still parts of the Constitution that are frequently ignored, such as the rights of the accused, freedom of speech, and the separation of powers.

Explore related products

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The Forgotten Ninth Amendment [1955]: A Call for Legislative and Judicial Recognition of Rights Under Social Conditions of Today

$39.95

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

No Liberty for License: The Forgotten Logic of the First Amendment

$37.92

Constitution of the State of Arkansas With Amendments

$24.95

The Declaration of Independence and United States Constitution with Bill of Rights and all Amendments (Annotated)

$0.99 $3.89

The right to remain silent

Despite the legal protections afforded by the right to remain silent, it is often ignored or not fully understood by the general public. This is evident in popular media, where individuals often waive their right to remain silent and provide information that may incriminate them. Additionally, while law enforcement officers are required to inform individuals of their Miranda rights, there have been instances where this has not been adequately done, leading to potential violations of the Fifth Amendment.

Freedom of speech

The First Amendment to the United States Constitution guarantees the right of the American people to speak freely in the public square without government interference. This is considered an essential amendment for the success of the republic. The right to free speech includes the right to publicly criticize the government and its leaders, even in harsh or offensive terms. This is known as core political speech, which is highly guarded because of its importance to a functional republic.

Despite the importance of free speech, it is one of the most frequently ignored parts of the US Constitution, particularly by the people rather than the government. While federal and state governments generally respect freedom of speech, the people often do not seem to know its limits. For example, categories of speech that are not protected by the First Amendment include obscenity, fraud, child pornography, speech integral to illegal conduct, incitement to imminent lawless action, and the regulation of commercial speech.

The interpretation and application of freedom of speech have evolved over time through court cases. For instance, in United States v. O'Brien (1968), the court created a test for the content-neutral provision, declaring that a government regulation is justified if it is within the government's constitutional power, furthers a substantial governmental interest, is unrelated to the suppression of free expression, and does not excessively restrict First Amendment freedoms.

Additionally, the drafting and adoption of the Bill of Rights, including the First Amendment, were influenced by concerns over the power of the federal government. Federalists like Alexander Hamilton favored a strong federal government, while Anti-Federalists like Thomas Jefferson and Patrick Henry preferred a weaker one. The Bill of Rights, therefore, served to limit the power of the federal government.

Freedom of religion

The text of the First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." This amendment was drafted by James Madison, who based his work on the Virginia Declaration of Rights. The final language was settled on after modifications by the House and Senate.

The freedom of religion in the United States has a long history, dating back to the country's founding. The concept of separation of church and state was advocated by colonial founders such as Dr. John Clarke, Roger Williams, and William Penn, and later by Founding Fathers including James Madison and Thomas Jefferson. George Washington also stressed the importance of religious freedom, stating in a 1790 letter to the Touro Synagogue that the government "gives to bigotry no sanction" and "to persecution no assistance."

Despite the strong protections afforded by the First Amendment, there have been instances where the freedom of religion has been challenged or ignored. For example, until 1961, eight states prohibited atheists from holding public office, directly contradicting the Constitution's prohibition on religious tests for public office. In more recent years, court cases such as Lee v. Weisman (1992) and Santa Fe Independent School Dist. v. Doe (2000) have reaffirmed the separation of church and state and the freedom of individuals to practice their religion without interference from the government.

Explore related products

Constitution of the State of Indiana and Amendments (Classic Reprint)

$8.66 $8.99

The Constitution of the United States of America, with the Bill of Rights and all of the Amendments; The Declaration of Independence; and the Articles of Confederation

$6.2

The European Right to Be Forgotten: The First Amendment Enemy

$40.49 $44.99

The Constitution, 27 Amendments, Declaration of Independence & Bill of Rights of the U.S.A.

$7.95

Constitution of the United States of American Amendments: With Historical Introduction in English and Spanish (Classic Reprint)

$32.27

Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (Constitutional Thinking)

$18.17 $59.99

Freedom of assembly

The US Constitution is often ignored, whether by the federal and state governments or the people themselves. One of the most frequently ignored parts of the US Constitution is the freedom of assembly, which is protected by the First Amendment. The First Amendment guarantees the right of citizens to assemble peaceably and to petition their government for a redress of grievances. This means that citizens have the right to gather peacefully and to present their concerns or demands to the government.

The freedom of assembly has been important in protecting the right to peaceful protest, even when the views expressed are unpopular. For example, in the 1963 case of Edwards v. South Carolina, nearly 200 African-American students marched from a church to the statehouse in Columbia, South Carolina, chanting religious hymns and carrying signs that said "Down with Segregation." The case was brought to the United States Supreme Court, which ruled that the government could not criminalize "the peaceful expression of unpopular views." This set a powerful precedent for other civil rights leaders who faced arrest or governmental retaliation for leading peaceful marches.

Another example of the freedom of assembly being protected is the 1992 case of Forsyth County v. Nationalist Movement, where the Supreme Court struck down an ordinance that allowed officials to charge higher permit fees to groups whose marches would require more police protection. In addition, public colleges and universities must allow students to assemble and speak freely on campus, although some have sought to limit this by creating so-called "free-speech zones." These zones have been criticized as "free speech quarantines" that banish student and faculty speakers to outposts that are tiny and on the fringes of campus.

While the federal and state governments generally respect the freedom of assembly, there have been times when this right has been ignored or restricted. For example, in 2020, there were reports of law enforcement officers using excessive force against peaceful protesters and journalists during the Black Lives Matter protests that took place across the country. In some cases, protesters were kettled, tear-gassed, and shot with rubber bullets, and journalists were targeted and arrested. These actions were widely condemned as violations of the First Amendment right to freedom of assembly and freedom of the press.

Protection from search and seizure

The Fourth Amendment of the U.S. Constitution protects the people from unreasonable searches and seizures. This means that police officers cannot search a person without a warrant or probable cause. The amendment also applies to arrests and the collection of evidence.

The Fourth Amendment was ratified in 1791 as part of the Bill of Rights. The Framers proposed the amendment due to their experience with the English Crown's use of its power to search and seize people and their property. The right to protection from unreasonable searches and seizures is derived from the famous maxim, "Every man's house is his castle." Despite this, English royalty often abused their power to issue general warrants and writs of assistance.

The Fourth Amendment is often viewed as two clauses. The first clause guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This means that people have the right to privacy and freedom from unreasonable intrusions by the government. The second clause states that no warrants shall be issued without probable cause, supported by an oath or affirmation, and that the warrant must specifically describe the place to be searched and the persons or things to be seized.

The protection under the Fourth Amendment can be waived if an individual voluntarily consents to a warrantless search or seizure, or does not object to evidence collected during such a search. Courts must determine what constitutes a search or seizure under the Fourth Amendment, and if the conduct does not fall within the amendment, the individual will not be protected by it. Investigatory stops, such as Terry stops or traffic stops, are considered seizures under the Fourth Amendment but do not require a warrant as long as the officer has a reasonable suspicion.

The Supreme Court has clarified the situations in which a warrantless search is legal and what happens if the government conducts an illegal search and seizure. For example, in 1947, the Court held that law enforcement officers must obtain a search warrant "whenever reasonably practicable." However, in 1950, the Court ruled that the test was not whether it was reasonably practicable to obtain a warrant but whether the search itself was reasonable. The exclusionary rule, which prevents the prosecution from using illegally obtained evidence in court, is essential to make the Fourth Amendment effective and deter law enforcement officers from conducting illegal searches and seizures.

Frequently asked questions