A Reading of the US Constitution Since The White House Removed It
Sources:
The Constitution of the United States: A Transcription, National Archives, https://www.archives.gov/founding-docs/constitution-transcript
The United States Constitution, The National Constitution Center, https://constitutioncenter.org/the-constitution
Transcript:
While passing order after order claiming to promote the constitution and protect the foundations of our country, the White House has removed its web page dedicated to the actual foundation of this country, the Constitution. They claim they’re just in the process of rebuilding the website, but I call their bluff. As I said in my last episode, Trump and his administration are doing everything they can to remove history and context from what they’re doing, because an educated electorate is the worst threat to authoritarian rule. I will try to do my best to provide whatever education I can over the next four years but I think, as a lawyer with a platform, the foundation of that has to start with our Constitution, an imperfect document written by imperfect men, but one that has managed to keep this country vaguely united and functioning for 250 years, and one that ensures some very basic and central protections that are currently being eroded by an administration that claims to love the constitution. Prior to law school I had never read the constitution, so no shame if you haven’t. This is my contribution: an editorialized reading of the US constitution, in its entirety. I have no idea how long this will take, but consider it your audiobook version, with a few notes from me to provide additional context. Sit back, relax, and let’s get into it.
AD
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Preamble
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, do ordain and establish this Constitution for the United States of America.
A NOTE: The Preamble establishes the "who" "what" and "why" of the Constitution. Who is it for? "The people" (which of course meant only land-owning whites at the time). What is it? A constitution. Why? For all the reasons listed. This is also known as The Establishment Clause
Article 1
NOTE: Article 1 establishes the Legislative Branch (i.e. the branch that creates legislation, or laws) and dictates the powers of Congress and the legislative process.
Section 1: Congress
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2: The House of Representatives
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.
NOTE: Also known as the "three-fifths compromise," this language was amended by the 13th and 14th Amendments, which abolished slavery and established that population count would be determined by counting everyone as a whole person (groundbreaking 🙄)
The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers;and shall have the sole Power of Impeachment.
NOTE: The final clause grants impeachment powers to the House of Representatives.
Notice how the exact methods for "chusing" a Speaker and for impeachment are not laid out explicitly. The U.S. Constitution is the shortest constitution of any modern democratic government in the world. Much of it was left up to the people to interpret and implement.
Section 3: The Senate
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
NOTE: The first paragraph was amended by the 17th Amendment to provide that Senators would be elected by direct popular election (.i.e. by the people) instead of by the state legislatures.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
NOTE: The final 2 paragraphs lay out the process for impeachment. This is what happens after the House of Representatives formally impeaches someone. It provides that the Chief Justice of the Supreme Court will preside over the trial, and that a 2/3rds vote is required to impeach.
The final paragraph provides the punishment, and notes that the impeached party may still be tried in traditional court as well.
Section 4: Elections
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
NOTE: The 20th Amendment changed that last clause to noon on the 3rd day of January.
NOTE: The first paragraph of Section 4 is what those supporting the batshit Independent State Legislature Theory point to to claim that state legislatures get the final say in election results (and can thus overturn elections if they want). This was espoused strongly after the 2020 election but the Independent State Legislature Theory was done away with by the Supreme Court in 2023 in a case called Moore v. Harper.
Section 5: Powers and Duties of Congress
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6: Rights and Disabilities of Members
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They 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; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
NOTE: The second sentence in Section 6 assures that members of Congress can’t be questioned in court or by the President for any speech or debate on the floor of the Senate or House (this includes defamation). This is meant to ensure open and honest debate without fear of political or legal retribution.
ALSO the final clause of section 6 ensures that no member of Congress can also serve on the President’s Cabinet, thereby reinforcing the separation of powers between the Legislative and Executive branches.
Section 7: Legislative Process
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.
But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
NOTE: To clarify: if the President doesn’t sign a bill within 10 days, then it becomes a law UNLESS Congress isn’t in session, then it’s a veto. This is also known as the “pocket veto”
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8: Powers of Congress
NOTE: Section 8 has seen much discussion and interpretation because it explicitly lays out the powers of Congress. Anything not on this list is left to the states, so Congress has tried to stretch these powers over the years. See, for example, McCullock v. Maryland or NFIB v. Sebelius.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
NOTE: That is the commerce clause. The Commerce Clause gives Congress the right to regulate interstate commerce. The commerce must cross state lines, everything that happens only within a state is left to the power of that state. There have been many arguments over what counts as “commerce.”
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
NOTE: The Necessary and Proper clause gives Congress the right to make laws not specifically outlined in the Constitution but that are necessary and proper for them to carry out their constitutional obligations. This is the constitutional source of most federal laws.
Section 9: Powers Denied Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
NOTE: This first clause is now obsolete and was designed to protect the slave trade from Congressional intervention until 1808.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
NOTE: Habeas corpus prevents the government from imprisoning individuals without judicial process. It was suspended in 1862 by President Lincoln at the start of the Civil War.
No Bill of Attainder or ex post facto Law shall be passed.
NOTE: A Bill of Attainder is a law written to punish a specific person or group of people. An ex post facto law imposes criminal liability retroactively i.e. putting someone in prison for a crime that wasn’t a crime when they committed it, but has since been deemed a crime.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
NOTE: This is why the legislature has to pass appropriations bills before any federal money can be spent.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10: Powers Denied to the States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
NOTE: Notice that the list of things the states can’t do is relatively short and mainly focuses on things that are within the federal government’s power. The clause that gets argued over the most here is, surprisingly, the one about “or Law impairing the Obligation of Contracts.” Rich people were really freaked out about the state coming in and nullifying their contracts especially for the debts owed to them.
ARTICLE 2
NOTE: Article 2 establishes the Executive Branch. This includes the President and everything the President presides over (agencies, the cabinet, etc.)
Section 1
The executive Power shall be vested in a President of the United States of America.
He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
NOTE: Yes this is all one paragraph, and no this no longer applies. It was amended by the 12th Amendment after Thomas Jefferson and Aaron Burr received the same number of votes in the election of 1800 and both claimed the office. Many votes ensued, the House eventually picked Jefferson, and then the 12th Amendment was quickly passed so they never had to do that again.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
NOTE: This paragraph lists the only constitutional requirements to become President: natural born citizen, over 35, 14 years living in the US. Nothing about being incarcerated or a felon...
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
NOTE: This paragraph was amended by the 25th Amendment, which we’ll get to.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
NOTE: The first language about the President being commander in chief of the Army and Navy have had a surprising amount of debate. As described in Youngstown Sheet & Tube Co v. Sawyer, “These cryptic words have given rise to some of the most persistent controversies in our constitutional history,” with Presidents at various points claiming that it “vests power to do anything, anywhere, that can be done with an army or navy.” Hate that for us right now!
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
NOTE: The Take Care Clause gives the President broad authority to execute the laws of Congress as the President sees fit, but also requires the President to execute said laws once they’re passed. It has also been interpreted to bar the President from breaking the law or ordering the law to be broken. Bill Clinton was impeached over this clause.
Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
NOTE: 3 Presidents, 1 Senator, 1 cabinet officer, and 15 judges have been impeached. Of those only 8 judges have been convicted and removed from office. Because of this, what counts as an impeachable offense is largely unexplored.
Article 3
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
NOTE: Notice how barebones this section is. It creates the Supreme Court and then just tells Congress to create inferior courts if it wants, when it wants. For a while all we had in the federal judiciary was the Supreme Court. They heard ALL federal cases. Eventually this was expanded by Congress to the district courts, appellate courts, and 800 or so federal judges we have today.
Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
NOTE: Federal courts are courts of ‘limited jurisdiction’ meaning that if an issue is not listed here, the federal courts can’t preside over it and all other issues are left to state courts.
The 11th Amendment changed the end of that last clause.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section 3
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
NOTE: Treason is the only crime defined in the Constitution. This is meant both to show that citizens owe a certain allegiance to the United States but also to protect against claims of treason as a means to silence political opposition.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
NOTE: “Corruption of blood” is an old-timey English law phrase that prohibited family members from inheriting property from a person convicted of treason. So here it’s saying that prohibition of inheritance can only last as long as the life of the convicted person.
Article 4
NOTE: Article 4 addresses the relations between states as well as how to add new states to the union.
Section 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
NOTE: The Full Faith and Credit clause requires states to recognize each others’ laws and judicial proceedings. This gets murky in areas like family law, where there are conflicting rules about marriages between young people or relatives (yikes).
Section 2
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
NOTE: Section 2 relates to the movement of people between states. The first clause guarantees that when you go to a different state, you get the same privileges as a citizen of that state.
The second clause requires extradition from one state to the state in which a person is wanted for a crime.
These came under intense debate in the years leading up to the Civil War as black Americans, even free ones, were detained and sold into slavery if they traveled to the south.
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
NOTE: This clause was applicable to enslaved people attempting to flee the state where they were enslaved. It is obviously now obsolete but is pretty heinous nonetheless considering we give so much reverence to a document that contains this clause.
Section 3
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
NOTE: 37 states have been added to the Union under this clause, from New Hampshire in 1791 to Alaska and Hawaii in 1959. Note how it doesn’t explain how states should be added. Congress basically made it up as it went.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
NOTE: This clause, known as The Guarantee Clause, has rarely been invoked, but is generally understood to require states to have republican electoral processes allowing for majority rule in which people govern through elections (as opposed to a state monarchy or dictatorship).
ARTICLE 5
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
NOTE: Note that this process makes amending the Constitution very difficult. It’s only been done 27 times in over two centuries. Compare that to the constitution of France, for example, where they amend and change their constitution frequently. The current version of the French constitution was created in 1958 and has been amended 24 times since then. The state convention method has never been used.
ARTICLE 6
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
NOTE: The Supremacy Clause states that the Constitution and federal laws take priority over conflicting state laws. State laws can usually grant more protections and more rights but they cannot grant fewer protections and fewer rights than the federal govt and the Constitution.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
ARTICLE 7
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
The Word, "the," being interlined between the seventh and eighth Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
Attest William Jackson Secretary
done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,
Presidt and deputy from Virginia
And then all the signatures followed.
THE AMENDMENTS.
NOTE: The first 10 amendments were the Bill of Rights, written in 1791 by James Madison in response to calls from many states to provide greater protections for individual liberties. Virginia was the final state to ratify the amendments on Dec. 15, 1791.
First Amendment
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.
NOTE: This amendment and each of its protections has been discussed and defined EXTENSIVELY in the US Supreme Court and needs an entire law school class to unpack.
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
NOTE: The main debate over the Second Amendment is whether it protects an individual’s right to bear arms, or if that right is tied only to those in the militia. Until 2008, the general consensus was that this right was tied to militias. See District of Columbia v. Heller (2008).
Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
NOTE: This amendment is outdated but was very top of mind right after the Revolutionary War when it was written.
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
NOTE: This protects against the cops coming in and searching/seizing your shit without probable cause and a warrant. This has become more complicated with the internet. What do you have a right to privacy to online?? See, e.g., Carpenter v. United States (2017).
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
NOTE: This lays out criminal procedure in the US, including the clause against double jeopardy and the protection from being a witness against yourself (”I plead the fifth”). It also includes protections for federal due process (state due process is protected in the 14th Amendment). The final clause is known as the “Takings Clause” and allows the government to take your land if they compensate you.
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
NOTE: This is The “law and order” amendment, laying out the rights of the accused. Your rights under the 6th Amendment are explained to you when you are read your Miranda warnings (aka Mirandized). See Miranda v. Arizona (1966).
Seventh Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
NOTE: These are your rights in federal civil cases, meaning non-criminal cases.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
NOTE: “Cruel and unusual” is open to interpretation here and has been interpreted numerous times by the Supreme Court. Clearly medieval torture is off the table, but what about the electric chair? Waterboarding? The death penalty generally?
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
NOTE: There is no consensus on the meaning of the 9th Amendment, and it is rarely ever relied upon in court. Check out the National Constitution Center for a long-winded explanation as to why.
Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
NOTE: This emphasizes that, even with this bill of rights, the structure of the federal government as limited. Anything not listed here is left to the states and to the people.
11th Amendment, ratified in 1795
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
NOTE: This means individuals cannot sue states.
12th Amendment, ratified 1804
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President,
the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.-- The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
NOTE: This Amendment was passed after the dramatic 1800 election in which Jefferson and Burr were tied for the presidency, with Jefferson eventually winning. Learn more at the National Constitution Center.
(Part of THIS language was changed by the 20th Amendment.)
13th Amendment, ratified 1865
NOTE: The 13th, 14th, and 15th Amendments are known as the Reconstruction Amendments, passed in the wake of the Civil War.
Section 1
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2
Congress shall have power to enforce this article by appropriate legislation.
NOTE: Section 2 language is just procedural to give Congress enforcement power, you’ll see similar language in many of these amendments.
The Emancipation Proclamation only freed Confederate slaves, so an amendment was needed to fully abolish slavery. Note the glaring exception where slavery is ok as punishment for a crime, leading to the use of prisons as a new means of controlling black bodies. See The New Jim Crow by Michelle Alexander.
14th Amendment, ratified 1868
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
NOTE: The due process and equal protection clauses are instrumental to many of the protections we enjoy today, including rights to interracial marriage, gay marriage, contraception, and, until recently, abortion.
Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
NOTE: Many people point to this section of the 14th Amendment as a means of barring Trump from office. Its language makes sense when you consider that it was written in the wake of the Civil War. The problem is proving Trump engaged in insurrection, a task Jack Smith was never allowed to finish, and an issue complicated by the Supreme Court’s determination that official acts are immune from prosecution.
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
NOTE: This final clause has been controversial especially in relation to section 1 of the 14th Amendment, because this gives Congress significant power to pass laws relating to things that are usually the power of the states.
15th Amendment, ratified 1870
Section 1
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2
The Congress shall have the power to enforce this article by appropriate legislation.
NOTE: The 15th Amendment’s guarantee of the right to vote no matter your race was largely ignored for a century. Poll taxes, literacy tests, grandfather clauses (you can only vote if your grandfather could vote), and active intimidation at polling places meant that until the passage of the Voting Rights Act of 1965, many formerly enslaved people and their ancestors were denied their constitutional right to vote. Many argue that, to this day, the 15th Amendment isn’t fully realized because of voter intimidation, manipulation, requirements of ID laws, and more.
16th Amendment, ratified 1913
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
NOTE: There was no federal income tax before 1913. But the gilded age showed just how much money and power can be acquired in the hands of a few businessmen, so antitrust laws and income tax reforms followed. This led to a more powerful federal government.
17th Amendment, ratified in 1913
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
NOTE: Before this, state Senators were chosen by the state legislatures. This meant that those vying for a Senate seat would get their hands in state legislative elections, so those elections basically became a proxy for Senate elections. So the 17th Amendment removed the state legislature’s involvement in Senator selection so state legislatures could have their own free and unbiased elections.
18th Amendment, ratified in 1919
Section 1
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
NOTE: This banned the sale of liquor but not the possession, consumption, or production for one’s own consumption. The 16th Amendment gave the feds income taxes, so they were less reliant on liquor taxes, making prohibition possible. It would be in place for 13 years until the passage of the 21st Amendment.
19th Amendment, ratified in 1920
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
NOTE: After suffrage was granted to black men in the 15th Amendment, the women’s rights movement changed focus to winning the vote. Wyoming was the first territory to guarantee women the right to vote, sending word to Congress on its application for statehood that “We will remain out of the Union one hundred years rather than come in without the women.” This set a precedent that would later be mirrored nationally in the 19th Amendment.
20th Amendment, ratified in 1933
Section 1
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section 3
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section 5
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
NOTE: The Supreme Court has never written a single decision about the 20th Amendment. Sections 1 & 2 set dates and times. Sections 3 & 4 have never been used because a President-elect has never died before taking office.
21st Amendment, ratified in 1933
Section 1
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2
The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
NOTE: The 21st Amendment repealed the 18th Amendment (prohibition). This is the only time an amendment has been fully repealed. This amendment is also the only not ratified by state legislatures but instead by state ratifying conventions. It was the only way to get around the powerful temperance lobby and capture the popular sentiment against prohibition at the time. They were literally in the worst recession in history. Let them drink!
22nd Amendment, ratified in 1951
Section 1
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
Section 2
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
NOTE: Prior to the 22nd Amendment, there was no term limit for Presidents. George Washington retired after 2 terms and that set an unwritten convention that lasted 150 years. During WWII, the crisis of the war was considered validation for Roosevelt to run for a third term and then a fourth term. After WWII, fears of executive tyranny motivated Congress to pass the 22nd Amendment. At the time of filming, members of Congress are attempting to amend the constitution again so Trump can have a third term.
23rd Amendment ratified 1961
Section 1
The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
Section 2
The Congress shall have power to enforce this article by appropriate legislation.
NOTE: Prior to the passage of this amendment, residents in DC could not vote for President and Vice President unless they were validly registered to vote in one of the states. DC is not a state, and residents still do not have voting representation in Congress.
24th Amendment, ratified in 1964
Section 1
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.
Section 2
The Congress shall have power to enforce this article by appropriate legislation.
NOTE: Passed in response to the Civil Rights Movement and alongside the Voting Rights Act of 1965, this amendment outlawed poll taxes, a long-held practice especially in the south that denied black folks the right to vote because they couldn’t afford a tax.
25th Amendment, ratified in 1967
Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
NOTE: Before this, the constitution didn’t answer how a vacant Vice President position was filled. And the VP was vacant 20% of the time (b/c of Presidents and VPs dying while in office). The power of the VP grew in the 20th century, requiring an answer to this question. And there was also no procedure if a President was ill or incapable of rendering his duties. The assassination of JFK brought about this amendment to answer those questions.
26th Amendment, ratified in 1971
Section 1
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2
The Congress shall have power to enforce this article by appropriate legislation.
NOTE: This was passed at the height of the Vietnam War. Many thought that if an 18 year old kid could fight and die for their country, they ought to be able to vote, too. This also prohibits the denial of voting rights for the elderly, an issue that is becoming more notable as more and more octogenarians remain in office and continue to vote against what younger generations consider to be their best interests.
27th Amendment, ratified in 1992
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.
NOTE: This amendment was originally passed in Congress is 1789, but it was given no time limit for ratification. Gregory Watson, a sophomore at the University of Texas wrote a paper about the amendment in 1982, got a C on it, thought it deserved a better grade, and in defiance decided he was going to get the Amendment passed. The Audacity of one man led to the passage of the 27th Amendment. I’m serious, read more at the National Constitution Center.
In fact you can read a TON more at the National Constitution Center, which I highly recommend you do. And that concludes our editorialized reading of the US Constitution. I’m exhausted and I bet you are too, but I hope you’ve learned something, and perhaps this is the first time you’ve ever read or listened to the constitution in its entirety, so congrats!! You’ve done something Trump and his administration apparently don’t want you to do. As much as they claim to love this country and want to uphold its constitution, they seem to be ready and willing to do everything in their power to subvert many of its long-held interpretations and protections. Knowledge and understanding is the first step to fighting against that.
And you can join me over on my Patreon community where I just launched the Why, America? Co-Learning Lab, a learning community having discussions and making connections, along with a monthly syllabus curated by me. All year we’ll be covering topics under the umbrella theme of “Eat the Rich: Building Solidarity in the New Gilded Age.” This month’s topic is all about learning from history to fight for the future. We’re looking at and discussing past movements to see where we can learn from history, because it does have a tendency to repeat itself. This is all hosted over on Patreon, which is linked down below. If you’re interested, please join us.
Thank you to my multi-platinum patrons Art, David, R_H, L’Etranger (Lukus), Joshua Cole, Thomas Johnson, and Tay. Your generosity makes this channel what it is, so thank you!
And if you liked this episode, you’ll like the one from last Wednesday where I cover all the lawsuits currently pending against Trump’s presidential actions so far.
