It’s Not in the Constitution!

Republicans like to note that there is nothing in the U.S. Constitution which expressly grants U.S. citizens such things as a right to privacy, a right to healthcare, or a “freedom from religion.” This is true, if your interpretation of the U.S. Constitution is limited precisely and exclusively to the very words which appear in it. Of course, such a literal interpretation of the U.S. Constitution would also preclude many ideas which are dear to Republicans:

• “God,” “Jesus,” “Christ,” “Christianity.” Not in the Constitution. In fact, the First Amendment to the Constitution specifically states that “Congress shall make no law respecting an establishment of religion.” Let me repeat that for Fox viewers: No Law Respecting an Establishment of Religion.

• “Zygote,” “Fetus.” Nowhere in the Constitution. Not protected. The Constitution does, on the other hand, confer rights upon persons, citizens, and specifically “natural born citizens.” But it makes no specific mention of the rights of fertilized human eggs, so there is no literal basis in the Constitution to claim that they have rights, too.

• “Corporation.” The word does not appear in the Constitution. As stated previously, the Constitution only talks about persons, citizens, and specifically “natural born citizens.” That being so, there is no literal basis in the Constitution for claiming that corporations are entitled to the same rights as “persons” and “citizens.”
  

• “Flat tax.” Not mentioned anywhere in the Constitution. It lacks Constitutional basis. It goes “beyond the Constitution” as much as “progressive taxation.”

• “Balanced budget.” Does not appear in the Constitution. Probably because wars tend to create deficits.

• “Racial Profiling.” Not in the Constitution. The Constitution originally excluded “Indians not taxed” from the census for representation, but that provision was removed long ago and appears to have been based on a factor other than their race or ethnicity.* If you institute racial or ethnic profiling, you are going “outside” the Constitution.

You see, Republicans often squeal that Democrats are enacting programs that go beyond the scope of the Constitution – and then they seek to do likewise, to satisfy their constituents.

*This entry has been corrected to reflect insights provided by Dante Atkins

Sources: U.S. Constitution, Bill of Rights