“We the People”—And Who That Never Meant: A Legal Study of the U.S. Constitution
By Trinity Barnette
The Constitution: The Document That Still Controls Everything
The U.S. Constitution isn’t just a historical artifact—it’s the blueprint of American power. Ratified in 1788 and still in effect today, it remains the supreme law of the United States. Every court case, every piece of legislation, every political debate eventually loops back to one question: Is it constitutional?
According to Congress.gov, the Constitution created a framework that has not only endured but evolved. It divides power among three branches—legislative, executive, and judicial—to ensure no single entity governs unchecked. It gives the people a voice while limiting the government’s ability to silence it. It does not micromanage laws. Instead, it governs the process by which all laws are created, applied, and reviewed.
From the President’s authority to declare war, to your right to protest, to the limits of what a police officer can legally do during a traffic stop—all of it stems from this document.
And that’s the point: you are already living under its control, whether you understand it or not.
But for all its brilliance, we have to be honest about the Constitution’s original scope. “We the People” sounds inclusive, but when those words were written, they applied exclusively to white, male, property-owning citizens. As noted by Annenberg Classroom, the rights we take for granted today—like voting, freedom of speech, and equal protection under the law—had to be fought for, amended, and interpreted into existence. The original Constitution didn’t grant them to everyone. It didn’t even pretend to.
So no, the Constitution wasn’t perfect. It was powerful. And that power continues to govern, shape, and often limit every aspect of our democracy.
If you’re trying to understand why certain laws pass, why some rights are defended and others ignored, or why Supreme Court decisions feel like they rule the country—it all comes back to this: The Constitution is the final word.
And if you’re not paying attention to what it says, you’re already behind.
Article by Article — The Framework of Power
The Constitution isn’t just a list of rights—it’s a detailed manual for how power is built, distributed, and restrained in the United States. At its core are seven Articles, each one defining a different structural pillar of American governance. These Articles don’t tell people how to behave—they tell institutions how to function. And that’s why they still matter.
According to the Constitution Annotated and the U.S. Senate’s official guide, here’s what each article covers:
Article I – The Legislative Branch
Creates Congress and splits it into two chambers: the House of Representatives and the Senate.
It’s the most detailed article because the Founders believed lawmakers should be the most accountable to the people.
Article I gives Congress its powers—like taxation, war declarations, and interstate commerce—and also outlines its limits. This is where the phrase “enumerated powers” comes from: if it’s not listed, Congress can’t do it.
Article II – The Executive Branch
Establishes the Presidency and everything that comes with it—Commander in Chief powers, foreign diplomacy, veto authority, and impeachment vulnerability.
It also creates the Vice Presidency and defines the Electoral College, which continues to shape modern elections (and controversy).
The takeaway: presidents don’t invent power. They inherit it from this article.
Article III – The Judicial Branch
Creates the Supreme Court and gives Congress the authority to establish lower federal courts.
What’s fascinating is how vague this article is—there’s no set number of justices, no real guidance on judicial review.
That power to determine constitutionality? The Court gave itself that in Marbury v. Madison (1803). Article III simply planted the seed.
Outlines the relationship between states and the federal government.
Includes the “Full Faith and Credit Clause” (states recognizing each other’s laws) and the “Privileges and Immunities Clause.”
It also includes the Fugitive Slave Clause (later nullified by the 13th Amendment), which exposes how deeply compromise and slavery were embedded in the document.
Article V – The Amendment Process
Article V lays out how to change the Constitution—and it’s no easy task. The Founders made the amendment process intentionally difficult to ensure stability and prevent constant revision. To propose an amendment, either two-thirds of both the House and Senate must agree, or two-thirds of state legislatures must call for a national convention. But even then, the proposal isn’t law until it’s ratified by three-fourths of state legislatures or by conventions in three-fourths of the states. Only 27 amendments have ever passed since 1789. That alone speaks volumes about how high the bar is to revise what the Founders put in place.
Article VI – The Supremacy Clause
Declares the Constitution as the “supreme law of the land.”
No state law, no personal belief, no interpretation can override it.
It also requires all government officials to take an oath to support the Constitution—whether they agree with it or not.
Explains how the Constitution would go into effect once 9 of the 13 states ratified it.
It’s mostly procedural now, but historically, it reflects how this document was born through consensus—and still relies on interpretation and buy-in to function.
These seven Articles don’t explain what your rights are. They explain who decides.
And once you understand who’s holding power and how they got it, you can start asking the right questions.
The Preamble & “We the People” — The Foundational Myth
Before the Constitution even begins its legal work, it delivers a powerful opening line:
“We the People of the United States, in Order to form a more perfect Union…”
It’s poetic. Iconic. Quoted everywhere from campaign ads to courtrooms.
But here’s the uncomfortable truth:
“We the People” was never meant to include all the people.
What the Preamble Does (and Doesn’t Do)
Legally speaking, the Preamble has no enforceable power. It doesn’t grant rights or define laws. Instead, it functions as an introduction—a mission statement for the Constitution. According to the Constitution Annotated, the Preamble outlines six core purposes:
To form a more perfect Union
To establish Justice
To insure domestic Tranquility
To provide for the common defense
To promote the general Welfare
To secure the Blessings of Liberty to ourselves and our Posterity
But while the goals are lofty, the execution—especially in 1787—was deeply flawed.
Who Were “The People” in 1787?
At the time the Constitution was written, the only people with voting rights and political power were:
White
Male
Landowning (or property-tax paying)
Citizens (which excluded enslaved people, Indigenous nations, and most women)
Enslaved Black Americans were counted as three-fifths of a person for congressional representation (but received no rights). Women had no legal or political agency. Indigenous peoples were not considered part of the U.S. population at all. Poor white men without property were largely excluded, too.
In other words, “We the People” meant “We the privileged.”
Everyone else was governed—but not represented.
A Promise Deferred
Over time, movements, amendments, and court battles have pushed the Constitution to expand its circle of inclusion. Voting rights acts, civil rights legislation, and 27 amendments have moved us closer to that ideal. But the Constitution didn’t give everyone rights from the start. It had to be forced to.
That matters.
Because when we treat “We the People” as inherently inclusive, we erase the fight it took—and still takes—to be counted.
So yes, the Preamble is aspirational.
But it’s also a reminder that this country’s founding promises were selective by design—and that real justice in America has never been granted freely. It’s been demanded.
The Bill of Rights — What the First 10 Amendments Actually Protect
Ratified in 1791, the Bill of Rights was added to the Constitution to protect individual liberties and calm Anti-Federalist fears that the new federal government might abuse its power. These ten amendments are often treated like universal guarantees—but in reality, their meaning has always depended on how the courts interpret them.
Let’s unpack what they say—and what they actually mean in practice.
Amendment I – Freedom of Speech, Religion, Press, Assembly, & Petition
You can speak freely, practice (or reject) religion, protest, and criticize the government.
But:
This doesn’t mean freedom from consequences (just protection from government punishment).
Hate speech? Protected.
Social media bans? Not a First Amendment issue—they’re private companies.
Peaceful protest? Protected.
Inciting violence? Not protected.
The First Amendment is the backbone of democracy—but it’s also weaponized by people who don’t understand it.
Amendment II – The Right to Bear Arms
You have the right to own firearms… kind of.
This amendment is one of the most debated in the Constitution. The original text talks about “a well-regulated militia,” which leaves room for interpretation.
Modern court cases (like District of Columbia v. Heller, 2008) have affirmed an individual right to own guns—but states can regulate them.
Translation: You can bear arms, but the government can tell you how, when, and what kind.
Amendment III – No Quartering of Soldiers
You don’t have to house soldiers in your home.
This amendment was a direct reaction to British colonial practices. It’s rarely cited today, but it reinforces the idea that your home is your sanctuary—and the government can’t just walk in.
Amendment IV – Protection from Unreasonable Searches & Seizures
Your home, your car, your phone, your person—all protected.
Police must have probable cause or a warrant to search your property.
But this gets murky in the digital age:
Can they search your phone? Not without a warrant (Riley v. California, 2014).
Can TSA search your bags? Yes.
Can schools search your locker? Usually, yes.
The Fourth Amendment is one of the most violated and most litigated in modern law.
Amendment V – Due Process, Double Jeopardy, and Self-Incrimination
You don’t have to snitch on yourself (“I plead the Fifth”), and the government can’t take your life, liberty, or property without due process.
You also can’t be tried for the same crime twice (double jeopardy).
And if the government takes your property for public use (eminent domain), they have to compensate you.
But again—interpretation matters. “Due process” doesn’t always mean fair… just that procedures were followed.
Amendment VI – The Right to a Fair Trial
In criminal prosecutions, you have the right to:
A speedy and public trial
An impartial jury
Know the charges
Cross-examine witnesses
Get a lawyer (and if you can’t afford one, the state must provide one)
Without this amendment, the state could arrest and disappear you with no timeline or accountability.
Amendment VII – Jury Trials in Civil Cases
In civil disputes involving more than $20, you can request a jury trial.
This is about protecting citizens from biased judges in lawsuits—not just in criminal court. It reinforces the idea that the people (not just the legal system) help decide justice.
Amendment VIII – No Cruel and Unusual Punishment
Protects against excessive bail, fines, or torture.
Modern debates center on:
The death penalty
Solitary confinement
Prison conditions
What counts as “cruel”? That’s where courts come in—and where interpretations often conflict.
Amendment IX – Unenumerated Rights
Just because a right isn’t listed doesn’t mean it doesn’t exist.
This amendment acknowledges that people have rights beyond what’s written in the Constitution. It’s often cited in cases about privacy, bodily autonomy, and reproductive rights.
Amendment X – Powers Reserved to the States
If the Constitution doesn’t give a power to the federal government, it belongs to the states or the people.
This is where states’ rights come in—and where conflicts over abortion, education, and gun laws play out. It’s a limit on federal reach, but also a doorway to uneven protections across the U.S.
The Bill of Rights laid the groundwork for liberty—but like the rest of the Constitution, it left gaps. It didn’t ban slavery. It didn’t mention women. It didn’t guarantee voting.
It said: “Here are your rights.”
But it left it up to the future to decide who actually got to claim them.
Amendments 11–27 — The Constitution Evolves (Slowly)
The Constitution was designed to be amended—but not easily. In more than 230 years, only 27 amendments have made it through the grueling process outlined in Article V. These amendments reflect turning points in American history: war, injustice, protest, and the long-overdue expansion of rights.
Let’s break them down—what changed, and what it reveals about America’s legal and moral growing pains.
Amendment XI (1795) – Limits on Lawsuits Against States
A response to Chisholm v. Georgia, this amendment limits federal courts from hearing certain lawsuits against states by individuals.
Translation: You can’t just sue a state because you feel like it. It protects state sovereignty.
Amendment XII (1804) – Separate Ballots for President & Vice President
After the chaotic election of 1800 (where Jefferson and Burr tied), this fixed the process by requiring electors to vote separately for President and VP.
Amendment XIII (1865) – Abolition of Slavery
Finally abolished slavery—except as punishment for a crime.
Yes, that clause still exists, and it’s the foundation for modern prison labor debates.
The Thirteenth Amendment was monumental—but not perfect.
Amendment XIV (1868) – Equal Protection & Due Process
One of the most important amendments in American law. It guarantees:
Birthright citizenship
Equal protection under the law
Due process at the state level (not just federal)
It’s the basis for civil rights cases, marriage equality, and abortion law.
But it took over a century for it to be enforced meaningfully—and it’s still contested daily.
Amendment XV (1870) – Voting Rights for Black Men
Prohibits voting discrimination based on race, color, or previous condition of servitude.
But states used loopholes (literacy tests, poll taxes, violence) to suppress Black voters for another 100 years.
This was a win—but without enforcement, it rang hollow.
The Loopholes in the Fifteenth Amendment
The Fifteenth Amendment, ratified in 1870, was designed to prohibit the federal and state governments from denying a citizen the right to vote based on “race, color, or previous condition of servitude.” However, it did not prevent states from implementing other discriminatory practices that effectively disenfranchised Black voters.
Key Loopholes and Tactics:
Poll Taxes: Financial barriers that many Black citizens could not afford.
Literacy Tests: Assessments administered subjectively to disqualify Black voters.
Intimidation and Violence: Tactics used to suppress Black voter turnout.
These methods were often upheld by courts or ignored by federal authorities, rendering the Fifteenth Amendment ineffective for nearly a century.
Amendment XVI (1913) – Federal Income Tax
Congress can now levy an income tax. Love it or hate it, this amendment funds the federal government.
Amendment XVII (1913) – Direct Election of Senators
Before this, state legislatures chose Senators. Now, you vote for them.
Amendment XVIII (1919) – Prohibition of Alcohol
Banned the manufacture, sale, and transport of alcohol.
It didn’t work. Crime surged. Bootlegging exploded.
Amendment XIX (1920) – Women’s Right to Vote
A century late, but finally: women gained suffrage.
Still, the amendment didn’t erase barriers for women of color, many of whom remained disenfranchised under Jim Crow.
Amendment XX (1933) – Lame Duck Amendment
Shortened the time between elections and when officials take office. Presidential terms now begin on January 20.
Amendment XXI (1933) – Repeal of Prohibition
The only amendment that cancels out a previous one. Alcohol is legal again. Cheers.
Amendment XXII (1951) – Two-Term Limit for Presidents
After FDR was elected four times, this capped presidential terms at two.
Amendment XXIII (1961) – D.C. Voting Rights in Presidential Elections
Gave residents of Washington, D.C. electoral votes—but still no voting representation in Congress.
Amendment XXIV (1964) – Abolishes Poll Taxes
You can’t be charged to vote. This aimed to dismantle one of the last tools of voter suppression.
Amendment XXV (1967) – Presidential Disability & Succession
Clarifies what happens if the President dies, resigns, or becomes incapacitated.
Amendment XXVI (1971) – Voting Age Lowered to 18
After Vietnam, the logic was: if you can be drafted, you should be able to vote.
Amendment XXVII (1992) – Congressional Pay Raises
Congress can vote to raise its own salary—but the change doesn’t take effect until the next term.
Fun fact: This was originally proposed in 1789 and took 203 years to be ratified.
What These Amendments Show Us
Progress is possible—but painfully slow.
Rights are not given. They’re fought for.
The Constitution can evolve—but it resists change.
Legal recognition doesn’t always equal lived equality.
These 27 amendments tell the story of America trying—and often failing—to become more just.
They show us that the Constitution isn’t sacred. It’s structural.
And if we don’t study it, we can’t change it.
Living Document vs. Original Intent — Who Gets to Decide What the Constitution Means?
If you’ve ever wondered how the same Constitution can be used to justify both gun rights and gun control, or both access to abortion and bans on it, the answer isn’t in the document itself—it’s in how it’s interpreted.
This is where constitutional law stops being about what’s written and starts being about who’s reading it.
Originalism: Frozen in 1787
Originalists believe that the Constitution should be interpreted based on what its words meant when they were written. If something wasn’t understood or intended by the Founding Fathers, it shouldn’t be enforced today.
Think: strict, literal, historical.
This view is popular among conservative judges and legal thinkers like the late Justice Antonin Scalia. According to originalists, it’s not the Court’s job to adapt the Constitution—it’s Congress’s job to amend it.
The logic:
If it’s not in the Constitution, it’s not a right.
If society wants change, pass an amendment—not a ruling.
But here’s the problem: the Founders didn’t write for today.
There were no digital footprints, mass surveillance, automatic weapons, IVF, or interracial gay marriages in 1787.
So when originalism reigns, progress stalls—and marginalized people pay the price.
Living Constitutionalism: Evolving with the Times
Living constitutionalists believe the Constitution was designed to grow. This interpretation sees it not as a set of static rules, but as a foundation meant to adapt with societal change.
Under this view, courts have the authority—and the responsibility—to apply the Constitution in ways that reflect modern realities.
This approach is how we got:
Brown v. Board of Education (ending school segregation)
Roe v. Wade (once protected reproductive freedom)
Obergefell v. Hodges (legalized same-sex marriage)
None of these decisions are directly in the text. But they emerged from interpreting broader clauses—like due process, equal protection, and privacy—with modern context in mind.
The logic:
The Founders couldn’t predict everything.
The Constitution’s meaning must evolve with the people it governs.
Why This Fight Matters
The difference between these two interpretations isn’t academic—it’s political, cultural, and deeply personal.
One interpretation can protect your rights.
The other can take them away.
That’s why Supreme Court appointments matter. Presidents choose justices. Justices stay for life. And every one of them brings an interpretive philosophy that affects the country long after that president is gone.
So… Who Decides What the Constitution Means?
Technically: nine people in black robes.
In practice: the President who appointed them, the Senate that confirmed them, and the ideological movements that pushed them into power.
Your rights don’t just depend on what’s written in the Constitution.
They depend on who gets to decide what it means.
And that interpretation—whether it leans backward or forward—shapes your future.
It’s Not Just a Document. It’s the Blueprint for Power.
The Constitution is often treated like some sacred, untouchable artifact—framed in marble and immune to critique. But let’s be honest: it’s not holy. It’s human. It’s flawed. And it’s still the most powerful document in the United States.
Everything—everything—comes back to it.
Court rulings? Based on it. Presidential authority? Rooted in it. Your rights to speak, vote, assemble, own property, or access a lawyer? All filtered through the lens of what this 18th-century text allows or denies.
If you don’t understand the Constitution, then you don’t understand who actually has power in this country—or how that power can be challenged.
Because here’s the truth: “We the People” sounds beautiful. But it was never meant to include all people. The real fight has always been about who counts under that phrase—and who still doesn’t.
So no, the Constitution isn’t perfect. But it’s permanent. And if it’s going to keep controlling everything, then the least we can do is know it better than those who want to weaponize it against us.
