The U.S. Constitution Explained

By Ariama C. Long

We at the Amsterdam News wanted to take a second to talk about the United States Constitution, one of the most influential and “living” legal documents in the world.

For the history buffs, prior to the establishment of the U.S. Constitution, the governing legal document for states was called the Articles of Confederation — ratified in 1781. The current one was signed by state delegates in 1787. Over 100 countries around the world have used this short, 4,440-word document as a model for their own. Its articles and numerous amendments are constantly being interpreted by the Supreme Court, in an effort to reflect an ever-changing society.

While sound in principle, it can’t be ignored that the framers or “Founding Fathers” were elite white men in their 40s, many of whom owned slaves, and did not empower Black people, native Americans, immigrants, LGBTQ people, or women. Still, now more than any other time in U.S. history, it’s important to know what the Constitution says, how it has evolved, and how it impacts us.

Structurally, the U.S. Constitution begins with a preamble which is the ‘We the People’ part, and includes seven different Articles. The first is about the legislative branch, the second, the executive branch; the third, the judicial branch; the fourth, is about state relations; the fifth, the amendment process; the sixth, national relations; and the seventh, is about ratification.

Article I is the longest section of the Constitution. It talks about the powers of Congress as well as apportionment. “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.” 

Why is all of that important? 

That small phrase of ‘three fifths of all other persons’ referred to enslaved Africans and their descendants. Whichever state had more people, had more voters, and therefore more representative power in government. Slaveholders in southern states lobbied to increase their power by counting a portion of enslaved individuals. This was eventually overturned by section 2 of the Fourteenth Amendment.

Outside of that section, the important parts of the Constitution outline how Congress and Senate make the laws, how the President gets elected and is supposed to execute those laws, and then how the Supreme Court interprets the laws and decides if they are constitutional. This three-part style of government was, in theory, meant to create a system of ‘checks and balances’ to ensure that everything was just and fair. 

Over 250 years later, the U.S. has gone from an illusion of an ‘idyllic republic,’ where power was meant to be in the hands of people and their elected representatives, to Make America Great Again (MAGA) Republican-led under the current federal administration with President Donald Trump. A party that is anti-immigrant and challenging the ‘norms’ of what many thought was constitutional.

It’s important to remember that this whole document was never really created with freedom in mind for all, just for some. And for all the fanfare, with the 3/5ths compromise, it took measures to allot power to white supremacists while declaring Black people less than whole people. So, is it any wonder that this is where we are as a country now? 

Part 2: The Bill of Rights and Amendments

To their credit, the framers of the U.S. Constitution and countrymen did realize that the document is not omniscient. It couldn’t account for everything that may happen in the future, and needed to be able to change and grow with time, and with changing attitudes.

That’s why we have Amendments. The Bill of Rights is the first 10 amendments to the Constitution ratified by 1791. A quick rundown of all the relevant ones: 

Amendment 1 is freedom of religion, speech, the press –– (that’s me) –– and the right to protest “peaceably.” Often ignored by police throughout history, like during the Civil Rights and Black Lives Matter movements.

Amendment 4, deals with lawful search and arrest warrants, which we’ve seen in the case of Mahmoud Khalil, a former Columbia University student detained because of his involvement with pro-Palestinian protests. A warrant was not presented at the time of his detainment.

Amendment 5, the right in criminal cases to plead silent and not speak to the cops, and to not be deprived of due process or fair treatment. Many people, especially in Black and Brown communities, are treated poorly by the criminal justice system. And as seen in cases like the Central Park jogger case in 1989, where five Black and Hispanic boys were imprisoned for a crime they didn’t commit and later exonerated, this pressure to speak to police can lead to false confessions and jail time regardless of cooperation.

Amendment 6, a right to a fair and speedy public trial, which is kind of a joke because legal proceedings take years in some cases to conclude. This amendment also guarantees you legal representation. The ‘I want a lawyer’ part of the Law & Order episode.

Amendment 7, the right to sue. Actually useful, and has been used as a civil rights tactic to push equality policies and legislation for decades. But also harmful, when invested groups are working against those interests. The anti-diversity, equity, and inclusion (DEI) and bans on critical race theory being taught in public schools come to mind.

Amendment 8, bans excessive bail, especially for pretrial detention and people who are unable to afford bail. Especially for Black and Brown detainees who are often at the mercy of a judge or who could spend years waiting for their day in court and suffering irreparable damage to their mental health in a jail on Rikers Island. RIP Kalief Browder. Amsterdam News has extensively reported on the need for bail reform, check it out.

Of course, these first 10 Amendments don’t mention in any way, shape, or form the abolishment of slavery or voting rights for women. 

The 13th Amendment, ratified in 1865, is the first time in the entire Constitution that the word slavery appears. It states that general slavery is abolished, “except as a punishment for crime whereof the party shall have been duly convicted.” Ava DuVernay’s documentary “13th” explores how the over- and mass- incarceration of Black and Brown people, particularly men, is a modern form of slavery under constitutional guidelines. 

Amendment 14, ratified in 1868, gives Black individuals birthright citizenship and counted as “whole” persons if they were males aged 21 and older. Interestingly enough, this amendment also states that no person can hold office that’s “engaged in insurrection or rebellion.”

The 15th Amendment, ratified in 1870, finally banned voting discrimination based on race, color, or having been a slave or in prison. This extended voting rights to Black men at the time.

Amendment 19, banned discrimination on the basis of sex and gave mostly white women the right to vote in 1920. Native American women were allowed to vote in 1924. Puerto Rican women were allowed to vote in 1935. Asian American women could vote in 1952. And Black American women, like my ancestors, were not able to vote freely until the Voting Rights Act of 1965 –– even though they had been at the forefront of women’s suffrage for two centuries. Activists like Fannie Lou Hamer were instrumental in passing the bill.

Fun fact, as President Trump not-really jokes about running for a third-term, the 22nd Amendment has been hotly debated since its ratification in 1951. It’s usually understood that a person can’t be elected more than twice as president but can still serve as vice president in the future. If that executive dies or is removed, then the VP becomes president by default and can serve up to two more years, meaning the max a person can serve as U.S. President is technically 10 years. 

Wrapping up, the 24th Amendment isn’t often mentioned as a win for Black voting rights, but it’s a big one. It eliminated poll taxes in 1964. Prior to that, poll taxes were imposed on Black voters by white supremacists angry about the 15th Amendment. They also used tests, violence, intimidation, and disqualification to suppress the Black vote.

There’s still some questions about whether the proposed 28th Amendment or the Equal Rights Amendment is official. Though, former President Joe Biden declared it law before he left office in 2024. 

Part 3: Supreme Court Decisions

The United States Supreme Court. It is the highest “judicial body” in the country as deemed by the Constitution. It has the ultimate final boss decision on difficult and controversial legal cases that can affect everyday American life. 

Structurally, it consists of the Chief Justice and eight Associate Justices, who are nominated by the President and then confirmed by the Senate. Once they’re appointed, they serve for life. The Supreme Court has ruled over dozens of landmark cases since its conception and establishment in 1803. More than once, the law has landed on the racist side of history.

One of the Supreme Court’s first major decisions was in the Dred Scott V. Sandford case in 1857. Scott, a slave, filed a lawsuit against his ‘owner’ to gain his freedom when he was temporarily moved to the free state of Illinois. The ruling declared that slaves were considered protected property of their masters, denying Black Americans citizenship and rights. This case was overturned by the 13th Amendment, but is one of the reasons cited for fueling the Civil War.

In 1896, in the case of Homer Plessy v. Ferguson, segregation was deemed constitutional under Jim Crow laws. Plessy was arrested for refusing to leave a “whites only” train car since he was one-eighth Black. This sentiment of “separate but equal” was a complete sham.

By 1954, in the Brown v. Board of Education case, segregation in public schools was ruled against. Dr. Kenneth and Mamie Clark, a married pair of psychologists in Harlem, played a crucial role in demonstrating the harmful effects of segregation and discrimination on Black children during the case. Ten contentious years later, the Civil Rights Act of 1964 made racial equality a matter of federal law.

Less discussed is the impact of the Baker v. Carr case in 1962 in our communities. Charles Baker was the former Republican Mayor of Milligan in Tennessee. He led a group of voters to sue the state claiming its voting districts unfairly diluted power during the redistricting process every 10 years, kicked off by the Census count. This gave birth to the idea of gerrymandering, which is when voting districts are mapped out to take voting power away from minority voters and is a violation of the 14th Amendment. This case led to a larger nationwide reapportionment movement that saw states redraw voting districts to better represent Black voters. To this day, the Census and redistricting process has a huge impact on the amount of funding and voting power Black and Brown neighborhoods can have.

The Supreme Court’s rulings are not set in stone and can be overturned. 

The historic Roe v. Wade case from 1973 established a woman’s federal right to an abortion. But, the Supreme Court overturned their decision in 2022 in the Dobbs v. Jackson case, leaving the decision up to the states to determine if abortion is constitutional or not. Similarly, they ruled in 2023 to end race-conscious admission programs at colleges and universities, or affirmative action. Their first ruling against affirmative action was in 1978.

The more pressing debate this year –– because of the many insidious Project 2025 objectives –– President Donald Trump is pushing, is over birthright citizenship, introduced in the 14th Amendment; deportation of immigrants without due process related to the 5th Amendment; and more broadly, search and seizure laws related to the 4th Amendment; and who has the right to exercise free speech and assembly in the 1st Amendment. 

These battles are largely being fought in state courts and the Supreme Court, but more importantly, in the court of public opinion, as the country, and the world wait to see how Americans react to an oligarch in office.

This post appeared first on New York Amsterdam News.

The post The U.S. Constitution Explained appeared first on Word In Black.

The post {{post title}}, https://wordinblack.com/2025/05/the-u-s-constitution-explained/ appeared first on Word in Black.