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Items That Are Not in the U.S. Constitution

This is just a partial list of topics that are not mentioned in the Constitution. A complete list can be found at http://www.usconstitution.net/constnot.html.

Slavery
Because there were both northern and southern delegates to the Constitutional Convention, slavery was a “hot topic.” Words like “importation of persons for the slave trade” and “other persons” were used instead of the word slavery. It wasn’t until the 13th Amendment that slavery was mentioned specifically in the Constitution. This was done so there would be no misunderstanding that slavery was eliminated.

Marriage
There has been much discussion in the last few years about gay or lesbian marriage. Some want an amendment to the Constitution that defines marriage as the “union of a man and a woman.” It is generally felt that the Constitution should not delve into the realm of social issues.

Right to Vote
There are many amendments that define the ways people cannot be denied the right to vote. For example, you cannot be denied the right to vote because of race or gender. The Constitution, however, never explicitly states that you have the “right” to vote. Some states withhold voting rights from prisoners or those deemed mentally incompetent.

Political Parties
There is no mention of political parties in the Constitution. Political parties didn’t come into being until the time of Jackson and Van Buren.

No Taxation Without Representation
This was a rallying cry before the Revolutionary War used to mobilize the troops in the quest for independence from Britain. There are people who are taxed without representation, such as convicts, immigrants and those living in Washington, D.C. (Washington, D.C. does not have a representative in Congress.)

God
The words God, creator, Jesus and Lord never appear in the Constitution. The exception is in the date, which is written “seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven.” This does not mean that the framers were not religious people; rather, they thought that the Constitution should not involve itself in matters of religion.

Other Items Not in the Constitution

  • The Air Force
  • Congressional districts
  • The Electoral College
  • Executive order
  • Executive privilege
  • Impeachment means removal from office
  • Innocent until proven guilty
  • Judicial review
  • Jury of peers
  • Life, liberty and the pursuit of happiness
  • Martial law
  • Number of justices in the Supreme Court
  • Of the people, by the people and for the people
  • Primary elections
  • Qualifications for judges
  • The right to privacy
  • The right to travel
  • The separation of church and state
  • Education
  • Age discrimination
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