Interesting facts. Its really difficult to understand how all these things (constitutions) work out. Especially when so many people of varied opinions are to work togather. And yet they have to be timeless.
Here are some things that are NOT in the U.S. Constitution:
The right to vote: The Constitution only says that the right to vote cannot be denied for certain specific reasons that it names, such as race and sex.
No taxation without representation: This was one of the Colonies' demands addressed to England, but there is no such principle in U.S. government.
Fair trial: The Constitution says "speedy and public trial", and names several other rights of defendants (right to counsel, self–incrimination, double jeopardy, etc) but it doesn't say "a fair trial".
Laws must be written understandably: That isn't mentioned anywhere, but it has recently been read into the 6th amendment as a necessary part of the "right to be informed of the nature of the charges".
"A jury of his peers": The Constitution only says "an impartial jury".
Jury verdicts must be unanimous: The Constitution doesn't say that, either.
Right of trial by jury in civil cases (i.e. lawsuits): It's there, but it only applies to Federal courts.
Right to "keep and bear arms": It's there, but meaningless; Congress won't ban guns, but any state still can.
Eminent domain: The Constitution says anyone who takes your property for public purposes must compensate you. But it doesn't say that such property (or even taxes) MUST be used only for public purposes, nor does it require that such actions must be authorized by legislation.
Laws can be suspended only by legislatures: This was among the many principles that the states agreed on at the time, but they never actually enacted it.
The right to privacy: The Constitution specifies certain rights of that kind, such as search and seizure, but does not mention "privacy" itself as a right.
"Freedom": The Constitution doesn't guarantee "freedom" or say that Americans are "free". Those words are nowhere used in any general sense; only in regard to specific freedoms, viz. freedom of religion, of speech, and of the press.
The "Separation of Powers Clause" (distinguishing the functions of the legislative, executive, and judicial branches of the government): There is no such clause. The Constitution simply describes those functions, each in a separate article, and the separation of powers is thereby implied.
Separation of church and state: That phrase isn't used either. The concept of it is simply implied by the 1st amendment.
Martial law (letting the army make laws, arrest and try civilians): This has always been considered a violation of individual rights, other than in extreme national emergencies. But the Constitution doesn't mention it.
"Innocent until proved guilty": This is simply a common–law principle that has never been questioned in America. It isn't in the Constitution.
The right to leave the country: The government doesn't refuse to issue a passport, unless there's a special reason. But the Constitution doesn't say it ever HAS to give anyone a passport.
"Life, Liberty, and the Pursuit of Happiness": That's only mentioned in the Declaration of Independence.
"Of the people, by the people, and for the people": Those are Lincoln's words from the Gettysburg Address.
God: Not mentioned.
Democracy: Not mentioned.
Capitalism: Not mentioned.
Slavery: Only mentioned in the 13th Amendment, by which it was abolished. The original Constitution referred to it in three places, but always indirectly, without using the word. So who says "political correctness" is new?
Executive orders: The Constitution doesn't give the President the power to issue any order of any kind. Of course, most executive orders are just procedural decisions to which no one objects. But what about the Emancipation Proclamation?
Judicial review: The Supreme Court often "strikes down" a law as "unconstitutional". But the Constitution doesn't give ANY court the power to change ANY law.
The Air Force: Since planes hadn't yet been invented, the Constitution didn't give Congress the power to create an Air Force. But they just did it anyway. And if they had waited for 38 states to ratify a Constitutional amendment creating the Air Force, we would have lost World War One by then. So who says the Constitution should always be obeyed?
Some other things that are not mentioned in the Constitution:
Gay and lesbian rights
Constraints on the people
Impeachment means removal from office
Number of Justices in the Supreme Court
Qualifications for Judges
The Electoral College
The right to travel between states
Read MILCAX at http://126.96.36.199/Milcax_1.html
There are currently 1 users browsing this thread. (0 members and 1 guests)