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Constitutional Literacy

The Constitution is the foundational document from which our rights are identified and explained. It’s a living document that has been changed over the decades as our country evolves and adapts new considerations regarding the scope of our government and the enumeration of rights.

Civil stewards understand and promote understanding of the Constitution.

What You Can Do

We cannot prevent the violation of our Constitutional rights if we do not understand what our rights are. There are a variety of resources to help read and understand the text of the Constitution, along with court cases that have cemented or updated our understanding and practical application of the Constitution.

Understanding the rights within the Constitution, how the text is currently interpreted and to whom those rights apply, is a critical component of civil stewardship. 

What It Is

The United States Constitution has been the guiding document for the governance of the United States since it took effect in 1789. Since 1789, it has been amended 27 times, notably to include the Bill of Rights (Amendments 1-10); The 13th Amendment, which abolished slavery and involuntary servitude, except for those convicted of crimes; The 14th Amendment, which granted citizenship to all persons born within the United States and established equal protection under the law; 15th Amendment, which prohibits the United States and all 50 states from denying the right to vote on the basis of “race, color, or previous condition of servitude”; and the 19th Amendment, which prohibits the United States and all 50 states from denying the right to vote on the basis of sex, thus giving women the right to vote.

Who It Applies To

Our Constitutional rights—everything from free speech to due process—apply to everyone present in the United States, not just those who hold citizenship or are in preferred, protected in groups. Our Constitution is specific and uses the words “Persons” and “Citizens” when indicating to whom a rule applies. Where the Constitution notes a person or persons, the rule applies to any persons within the jurisdiction of the United States. When the Constitution specifies citizen, then it is referring to people holding legal citizenship.

The Constitution more often refers to person and persons than it specifies citizens. This universality is critical to those rights being actual rights. If there are out groups from whom rights can be denied, then it’s only a matter of the government assigning that status to any person they seek to punish in order to remove that person’s rights. Such a system puts the rights of all people at risk. Equal defense of any person’s rights under our Constitution is critical to the protection of all people’s rights.

Who Interprets It

Our legislative branch is responsible for the creation of laws to form and govern the boundaries and scopes of acts pertaining to, within, and on behalf of the United States. Those laws are supposed to be constructed in accordance to the freedoms, protections, and limitations of our Constitution. Our federal courts are responsible for reviewing petitions for consideration of whether an act has violated those laws and whether the laws themselves are consistent with the Constitution.

See the section on The Courts for more detail.

How It’s Changed

The Constitution has been changed multiple times throughout our history, thus the term Amendments. Amendments can be proposed by a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. Such a joint resolution from Congress is then submitted to the National Archives and Records Administration’s Office of the Federal Register. The OFR then assembles the resolution and procedures for each state’s Governor where it then goes through each respective state’s process for consideration. The Amendment becomes part of the Constitution once 38 out of the 50 states ratify it. All of the existing 27 Amendments were created through the legislative process.

Readings & Resources

Institutions & Organizations

The National Constitution Center

“A private, nonprofit organization, the Center serves as America’s leading platform for constitutional education and debate. As the MUSEUM OF WE THE PEOPLE, the Center brings the Constitution to life for visitors of all ages through interactive programs and exhibits. As AMERICA’S TOWN HALL, the Center brings the leading conservative and liberal thought leaders together to debate the Constitution on all media platforms. As a HEADQUARTERS FOR CIVIC EDUCATION, the Center delivers the best educational programs and online resources that inspire citizens and engage all Americans in learning about the U.S. Constitution.”

The American Constitution Society

“The American Constitution Society for Law and Policy (ACS) is the nation’s foremost progressive legal organization, with a diverse nationwide network that includes nearly 200 student and lawyer chapters, and progressive lawyers, students, judges, scholars, elected officials, and advocates. Our mission is to support and advocate for laws and legal systems that redress the founding failures of our Constitution, strengthen our democratic legitimacy, uphold the rule of law, and realize the promise of equality for all, including people of color, women, LGBTQ+ people, people with disabilities, and other historically excluded communities.”

The Constitutional Accountability Center

“The Constitutional Accountability Center envisions a future in which judges, policymakers, academics, advocates, and the public understand the Constitution, in its most vital respects, to be a progressive document, and always apply the text, history, and values of the whole Constitution to resolve disputes over its meaning. We believe that recognizing the Constitution’s arc of progress, and reflecting that arc in law and policy more broadly, is key to our nation’s future. We believe that such work will help close the gaps between the law’s promise and the law’s reality in the lives of all in America.”

The National Archives

“These three documents, known collectively as the Charters of Freedom, have secured the rights of the American people for more than two and a quarter centuries and are considered instrumental to the founding and philosophy of the United States.”

  • Declaration of Independence
  • The Constitution
  • The Bill of Rights

Books

The U.S. Constitution: Explained–Clause by Clause–for Every American Today

How to Read the Constitution–and Why

America’s Constitution: A Biography

We the People: A History of the U.S. Constitution

Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today

The Words That Made Us: America’s Constitutional Conversation, 1760-1840

The Constitution Explained: A Guide for Every American

Born Equal: Remaking America’s Constitution, 1840-1920

Plain, Honest Men: The Making of the American Constitution

Unruly Americans and the Origins of the Constitution

Power and Liberty: Constitutionalism in the American Revolution

We the People: A Progressive Reading of the Constitution for the Twenty-First Century