Top Five Myths of the U.S. Constitution - What Rights Do You Really Have?

As citizens of the United States, you have the right to know exactly what you can and cannot do under the laws provided by our government. There are many myths and misconceptions that surround the U.S. Constitution and Bill of Rights, and the purpose of this article is to clear up five of the most prevalent misunderstandings about the privileges of citizenship.

5. The phrase "separation of church and state" appears in The Constitution.

Many people draw incorrect conclusions from the fact that "separation of church and state" does not appear anywhere in our governing document. The absence of this axiom does not mean that it is an invalid concept or that it cannot be used as a legal or judicial principle. Simply because those precise words do not appear in The Constitution does not mean that the text is devoid of the ideas the words represent. The courts have found that a religious liberty exists within the First Amendment, although those exact words aren't used.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

The point of this amendment ensures that any religious belief, private or organized, are exempt from government control. For that reason, our legislators cannot force us to learn practice a certain religion or attend a certain church. We have the right to believe whatever we choose to believe- the government cannot punish us for our thoughts or prayers. The government also cannot establish a national religion, or promote any religious doctrines to the citizens. These concepts are inferred from the First Amendment, even though "separation of church and state" do not appear verbatim in the document.

4. There is no "taxation without representation."

This battle cry of American revolutionaries in the 1760's came to be widely accepted as a policy that our founding fathers would adapt into our Constitution. After all, the unfair taxes from Mother England without representation in parliament lead directly to the revolution. The concept of "no taxation without representation" may be present in concept in the U.S., but certainly not in practice. Unrepresented residents of our country are still subject to taxation. Immigrants who cannot vote, visitors to our country (who pay sales tax on purchases), and convicts who not allowed to vote via individual state laws all must pay taxes, yet they have no voice in our government.

3. The Constitution guarantees your right to vote.

The Constitution and its Amendments detail a variety of ways that you cannot be denied to vote, but it never explicitly states that you are guaranteed any right to vote. Essentially, the document gives several reasons why you cannot be denied a trip to the polls. You cannot be refused a vote based on race, gender, age (over 18), and even for failing to pay taxes. The Constitution leaves the specific right to vote up to the states- and any qualifications a state deems necessary to deny a voter will be upheld in the court of law so long as it does not contradict anything else in The Constitution. For example, some states do not allow convicted felons currently in prison to vote, and some states allow citizens under the age of 18 to vote if they will turn 18 before the actual election.

2. The United States of America was designed as a democracy.

The word "democracy" appears in The Constitution exactly zero times. Our country was designed to be a republic, a hierarchical political system with elected and appointed officials. These officials hold office for the express purpose of creating and abolishing laws as committees or as individuals. A democracy, by definition, is a system set up with minimal representation where the majority rules and most decisions are made by casting a popular vote. You may be under the impression that we do have a voice as citizens, and by casting a popular vote we can alter The Constitution and other laws. You are most likely incorrect. For example, if every citizen of the U.S. not holding political office casted a vote to ban smoking, do you think smoking would be abolished? Probably not. The Constitution was not set up to be changed on the whim of the populace. That's why we have elected representation, so that our elected leaders can use checks and balances to judge what is truly best for everyone, despite the personal preferences of individual civilian.

1. The 1st Amendment guarantees our rights to free speech and no form of government can take that intrinsic right away.

"Congress shall make no law...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."

You are horribly mistaken if you believe you can speak, print, or assemble as you please with no risk of punishment from the government. Your rights to free speech etc. are actually controlled by state and local authorities, so long as the higher courts (up to the Supreme Court) do not rule it unconstitutional. Under the U.S. Constitution, every state has full legal authority to declare a new law that disallows any type of speech they decide is illegal. If they want to prohibit you from passing out abstinence pamphlets, newspapers, or whatever else, the Constitution has no authority over the states. What the Constitution says is that there can be no federal law prohibiting speech. The states can essentially do as they please. You first amendment rights also only exist on public property- when you are on private property, you are at the mercy of the property owners or local zoning laws.

I hope this article cleared up any misconceptions about The Constitution. Remember, some of the rights you are promised as a citizen aren't in writing anywhere, and most major decisions are left up to the states, not the federal government.

Sources: atheismabout.org, maitreg.com, usconstitution.net