10 Big Lies You’ve Probably Heard About the U.S. Constitution

It’s the backbone of American democracy, but how well do we know the Constitution? Over time, myths, political spin, and good ol’ pop culture have muddied the truth. Here are 10 widely believed facts about the U.S. Constitution that are flat-out wrong, and what it really says instead. Prepared to be shocked.

‘America Was Founded as a Christian Nation’

It wasn’t. The Constitution never even mentions God, Jesus, or Christianity. Quite the opposite. It bans religious tests for public office (Article VI), and the First Amendment separates church from state. The founders knew better than to mix politics and religion. It’s a funny myth that couldn’t be further from reality.

‘Freedom of Speech Means You Can Say Anything, Anytime’

The First Amendment protects speech from government punishment, not from consequences. Private companies, employers, and individuals can still call you out, block you, or fire you. Free speech doesn’t mean speech without repercussions. If you’re thinking about calling your horrible boss out with a scathing monologue, think again. You will be fired.

‘The Right to Bear Arms Is Unlimited’

The Second Amendment protects the right to bear arms, but it’s not a free-for-all. The Supreme Court has upheld limits, like banning felons from owning guns or restricting certain types of weapons. Regulation is constitutional. It’s a controversial topic that the U.S. is constantly trying to navigate. Gun-control rallies are rife.

‘The Constitution Gives Us the Right to Vote’

Surprise: There’s no explicit right to vote in the original Constitution. Amendments ban voting discrimination (based on race, sex, age), but voting itself is mostly controlled by states. (Most state constitutions contain an explicit right.) The right exists, but it’s not guaranteed in the way people think. As long as we can vote, it’s all good.

‘The Constitution Applies to Everyone, Everywhere’

It protects people within U.S. jurisdiction, not exclusively citizens. But it doesn’t apply to non-citizens outside U.S. borders or in every situation abroad. Sorry, international law doesn’t work that way. Just when you thought you were safe in the U.S., you realized that you might not be.

‘The Founding Fathers Were United in Their Beliefs’

They weren’t. Truth be told, they fought like cats in a sack. Federalists vs. Anti-Federalists. Big government vs. small. Whatever reason they could find, they used it. Hamilton and Jefferson hated each other. The Constitution is a messy compromise, not some perfectly harmonious vision. Not that different from today, right?

‘The President Can Do Whatever He Wants’

Wrong. He/she might think they can, but they can’t. The Constitution created checks and balances for a reason. Congress controls the budget and makes laws. The judiciary can strike down executive actions. Presidential power is big, but definitely not limitless. You only need to look at the recent well-publicized trial to know that.

‘The Supreme Court Is in the Constitution’

Kind of, but not really. Article III creates a Supreme Court, but says nothing about how many justices there should be (that number has changed over time). Most of the Court’s power is built through precedent, not explicit text. When you stop to think about that, it’s kind of terrifying.

‘If It’s Not in the Constitution, It’s Not a Right’

Enter the Ninth Amendment. It says (literally) that the people have other rights not listed in the Constitution. So yeah, just because something isn’t written down doesn’t mean it’s not protected. In other words, you’ve got rights whether they’re written or not? Excellent. It’s tough to get your head around, but it makes sense.

‘The Constitution Is Set in Stone’

Nope, it’s a living, breathing document. It’s been amended 27 times. The Founders expected change at the time of creation. Jefferson once said that each generation should revise it. So, treating it like an untouchable scripture is the biggest myth of all. Let’s just hope that it’s changed for the greater good.

 

Posted by Maya Chen