Constitutions Series: Introduction to the American Constitution
The American Constitution and you
By Stuart H. Kluft, J.D.
Welcome to the first issue of Kheiro Magazine!
This column is designed to explain the United States Constitution in a clear, easy-to-digest format for those without a legal background, and to show how it affects the everyday lives of Americans at home and abroad. Throughout the series we will cover the U.S. Constitution’s enumerated Articles and Amendments, plus landmark Supreme Court decisions that interpret the text.
Before diving into these topics it’s important to understand how the Constitution applies to the individual versus the government. Future issues will then cover more specific topics, including the First Amendment guarantee of free speech, Fourth Amendment right against unreasonable search and seizures, and the Commerce Clause and its implications for Civil Rights.
Constitutional Basics
The U.S. Constitution, drafted in 1787, is a broad yet nuanced document that is still holding strong after 230 years. Despite the Constitution’s long history, most Americans don’t know how it directly applies to them as private individuals. The simple answer: it doesn’t.
“ Despite the Constitution’s long history, most Americans don’t know how it directly applies to them as private individuals.
The simple answer: it doesn’t. ”
The U.S. Constitution was specifically drafted to apply to the government. It is only through this application to the government that the individual is guaranteed certain protections and liberties. This might sound complicated but it doesn’t have to be.
The first step to understanding this distinction is to look at the document’s overall composition.
The Constitution’s Composition
The main text of the Constitution is found in the “Articles,” which lay out the structure of the U.S. government. The Articles establish two key concepts: “separation of powers,” or the authority assigned to various branches of government, and “federalism,” the federal government’s relationship with the individual states.
Article I designates the powers and structure of the federal Legislative Branch, essentially establishing the ground rules for what Congress can and cannot do. Articles II and III do the same for the Executive Branch (the President) and the Judicial Branch (federal courts), respectively.
Article IV defines the relationship between the federal government and the various states, and explains how new states can join the union. Article V allows for Amendments to the Constitution, while Article VI says that federal law must always take precedence over state law (the so-called “Supremacy Clause”), and that all public officials must take an oath to uphold the Constitution (the “Oath Clause”). Article VII established the original ratification requirements but is no longer applicable.
After the Articles, the Amendments to the U.S. Constitution are a set of extra rules, powers, and limits imposed on the government. They outline the basic freedoms and liberties Americans can enjoy without government interference.
For example, the First Amendment states, “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.”
Notice that the First Amendment does not say, “Every American is entitled to freedom of speech, religion, or the right to peaceably assemble.” It says, “Congress shall make no law” respecting the free exercise of religion or abridging the freedom of speech. So although the First Amendment says these rights exist, it doesn’t define or explain those rights; it simply says Congress will not violate them. That is where the Judicial Branch and the Supreme Court come in.
Role of the Supreme Court
Since the Articles and Amendments only provide an outline of the role and function of the government, it’s up to the Supreme Court to interpret the Constitution. The Court’s decisions are significant because they illuminate — and can even change — the meanings of the Articles and Amendments.
Continuing with the example of the First Amendment, a crucial question is what is “speech” in the context of the individual? Theoretically, “speech” could only be spoken words, or it could include written words, or even any intentional actions that might communicate something. The distinction might seem trivial, but it has a profound effect on what the constitutional freedom of speech will encompass. This is the type of question the Supreme Court must answer.
For example, if the Supreme Court issued a decision that defined speech only as spoken words, Congress could pass laws criminalizing certain writing and images without violating the First Amendment. As a silly example, Congress might then pass a law that says any person who displays an image of a pizza with pineapples will be incarcerated for 10 years. The pizza owners might be able to challenge the law on some other grounds, but it wouldn’t be a First Amendment violation.
Luckily for me, though, the Supreme Court has interpreted speech to include both displays and actions, and I can still enjoy Hawaiian pizza without fear that my local pizzeria owner will be arrested for advertising my favorite toppings.
The Supreme Court’s decisions therefore largely shape the way Congress and the President can act under the Constitution.
The Constitution’s Relationship with the Individual
To recap, the Constitution dictates the powers, structure, and relationships of the governments within the U.S. — including the federal and individual state governments — but has very little to say about the relationships between individuals.
Although people enjoy certain freedoms within the United States without the fear of the government arresting, seizing or fining them, these rights are not unlimited because other individuals can sometimes sue them for their conduct.
For example, imagine two people, Mr. X and Mrs. Y, who despise one another. Mr. X posts a billboard he knows to be false — on Main Street for everyone to see — stating, “Mrs. Y is cheating on her husband with the postman!”
“Take that lying billboard down!” Mrs. Y says.
“No!” Mr. X replies. “I don’t have to because I have the freedom of speech to say whatever I please.”
In this scenario, Mr. X is only partially correct. Under the Constitution he has the right to be free from government interference to the extent that he will not be arrested for posting the billboard. He is wrong, however, that he can say whatever he pleases.
The Supreme Court has held that the Constitution does not prevent the government from passing laws that allow private individuals to sue one another for publishing information they know is false.
In this particular case, tort law allows Mrs. Y to sue Mr. X for damages for committing libel, and to seek an injunction (a type of restraining order) to force him to take down the billboard.
As you can see, the Constitution applies directly to the government and indirectly protects the freedoms, rights, and liberties of individuals. With this information as a foundation, we can explore and understand how the Constitution applies to current events and our daily lives.
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NOTE: The views expressed here do not represent the opinion, statements, or positions of Kheiro Magazine. This information is not legal advice, nor intended to be legal advice; it is solely designed to provide helpful information on the subjects discussed. Kheiro Magazine has made every attempt to ensure the accuracy of the information provided herein, however it is not a substitute for actual legal advice. If you find yourself in legal trouble contact an attorney immediately. Readers should also be aware that the law changes, and what is contained here today may not be true tomorrow. As such, these statements are only held out to be accurate as of the date of publishing.
