The purpose of the U.S. Constitution was to create, for the first time in human history, a limited government that ensured its nation is comprised of individuals living separately, but working together to protect each other's individual freedoms.  Before you can have an effective meaningful discussion about individual rights and government infringement, you should have a clear understanding of what exactly is in the U.S. Constitution.  You don’t have to be a legal scholar.  The language is actually quite plain, yet many people don’t really know exactly what it says. 

Set forth below is a summary of the basic powers and authority provided to the Government under the U.S. Constitution.  You will also find the Amendments that spell out the restrictions on government meant to protect an individual’s fundamental rights.  Please note that this is not everything contained in the Constitution, just a summary of the main elements that are relevant to a fruitful discussion of individual rights.

The Constitution is comprised of 7 Articles of Constitution and 27 Constitutional Amendments, the first ten of which make up the Bill of Rights.  The Articles actually create the federal government, describing the 3 branches and their powers and authorities.  The Amendments specifically describe limitations on how far the government can infringe upon the individual rights of citizens.  The Amendments were not originally included as a part of the Constitution when it was first ratified, but were added later, which is why they are called “Amendments.”   

When creating the Articles that served as the blue print for forming the Government, there was a debate over whether or not the Constitution should include specific protections for certain individual rights.  The two sides of the debate were: On the one hand, if we don’t specifically spell out restrictions, we risk the Government overstepping its boundaries; On the other hand, if we do try to spell out specific protections, we risk limiting individual rights to only those that they address in the document, leaving no opportunity for preservation of the countless other rights that belong to the citizenry. 

The debate ended during the process to ratify the Articles of Constitution.  While only 9 of the 13 states were needed to ratify the proposed Constitution, 3 key players, New York, Virginia and Massachusetts, threatened to not ratify it without these additional specific protections for individual rights.  (If a State did not ratify the new Constitution, it would not be required to abide by it.)  With a promise that, after the Articles were ratified, at the first meeting of the newly elected Congress a “Bill of Rights” amendment would be the first order of business, all 13 states agreed to ratify the new Articles of Constitution.  Since then, 27 Amendments have been added by acts of Congress, ratified by the States. 

ARTICLE ONE 

Creates the Legislative Branch in the form of a Congress, made up of the Senate (with 2 elected representatives from each state elected to 6-year terms) and the House of Representatives (with the number of elected representatives from each state based on the size of the population of that state and elected to 2-year terms).  Congress is granted sole power and authority to make statutory laws within the boundaries set forth in Article One.  Some of these main powers include the power to:

* Lay and collect taxes, duties, imposts, and excises to pay debts and provide for the common defense and general welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the US;    

*  Borrow money, coin money;

* Regulate commerce among the several States;

* Establish a uniform Rule of Naturalization;

* Establish post offices;

* Provide for copyright and trademark protections to promote the progress of science and the useful arts by securing to the creators exclusive rights to their respective writings and discoveries;

* Declare war;

* Raise and support Armies; provide and maintain a Navy;

* Calling forth the militia (today’s National Guard) to execute the laws of the nation, suppress insurrections and repel invasions; To provide for organizing, arming, and disciplining the Militia (National Guard), and for governing such Part of them as may be employed in the service of the US, reserving to the States respectively, the appointment of the Officers, and the authority for training the Militia according to the discipline prescribed by Congress;

* Make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the US, or in any Department of Officer thereof. 

The Necessary and Proper clause is the catch all power and authority that has been relied upon for enacting laws and funding programs that many believe exceed the true intent of the Constitution.

ARTICLE TWO

Creates the Executive Branch in the form of a President and Vice President, granted with the power and authority to:

* Enforce the laws of the nation;

* Create and maintain a national military; 

* Engage in treaties with other countries; 

* Be Commander in Chief of the Army and Navy of the United States and of the Militia (National Guard) of the several States, when called into the actual service of the United States; 

* (By and with the advice and consent of the Senate) make treaties, appoint Ambassadors, US Supreme Court Justices, and all other Officers of the US;

* Take care that the Laws be faithfully executed.

The directive that the President must take care to ensure that the laws be faithfully executed has, at times, been ignored by a sitting President who opposed the policy embraced by a law.  For example, President Obama directed that immigration enforcement officials defy existing laws and not deport certain children of illegal/undocumented aliens.

ARTICLE THREE

Creates the Judicial Branch in the form of a panel of Justices, granted the power and authority to:

* Try all cases in Law and Equity arising under the Constitution; which trials shall be by jury, except in cases of Impeachment, and held in the state where said crimes shall have been committed.  

    While it was not exactly provided for in Article 3, the US Supreme Court, itself, declared in the case of Marbury v. Madison, 5 US 137 (1803), that it has the power to ensure that the other 2 Branches do not exceed the powers and authority granted to them under the Constitution or violate the civil rights protections set forth in the Amendments. This decision made it clear that the U.S. Supreme Court could void a statute that was in violation of the powers, authorities, and protections of the U.S. Constitution. Court decisions are known as "common law," because they interpret the meaning and limitations of enforcement of the "statutory law" (the written laws created by Congress, the States, and local governments). To truly know the law, you must not only read the statutory law, but also the common law - the court decisions that have interpreted those statutes - to know how the law may be applied and to what extent it may be enforced.   

ARTICLE FOUR

This section contains specific mandates limiting the powers and authority of the several States, as well as provide for federal protection of the States:  

* The Full Faith and Credit Clause that declares the public acts of one State shall be honored by all the other States.  So, if a same-sex couple gets married in New York where such marriage is legal, but then moves to Texas, where such marriage is not legal, Texas must still honor the marriage.  If you get a divorce in Wisconsin and are granted full custody of your kids, your ex-spouse cannot then go to court in Florida and get a different judgment that gives custody to your ex.  The Florida court must respect the decision of the Wisconsin court.   

* The Privileges and Immunities Clause that declares the citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States.  For example, if someone who lives in New Jersey visits New York, he is entitled to the same protections under the law as residents of New York, but he is also subject to the same obligations. It also provides for extradition of fugitives, so that when a fugitive from one state flees to another, the receiving state must return the fugitive to the requesting state.  (The original intent of this law was to ensure the return of slaves who escaped into free states to their owners in slave states.)

* The federal government shall guarantee to every State a Republican Form of Government, and shall protect each of them against Invasion, and against domestic violence.  A Republican form of government is one in which the people participate directly.    

ARTICLE FIVE 

This section provides that the Congress may propose amendments to the Constitution whenever 2/3 of both houses deem it necessary, or if the Legislatures of 2/3s of the several States request, Congress may call a Convention for proposing Amendments, which proposals would need to be ratified by 3/4s of the legislatures of state conventions. 

ARTICLE SIX 

This section provides that the Constitution and laws made in pursuance thereof shall be the supreme law of the land, binding every judge in every state, regardless of what it says in any state laws or state constitutions.  This section was intended to clarify the concept of “Federal Preemption,” which means that where the Constitution gives Congress the power and authority over a subject, no State can pass laws that conflict with any existing federal law on that subject.     

ARTICLE SEVEN

This section directs that to put the newly drawn Articles of Constitution into effect, there needs to be ratification by conventions of at least 9 states to establish the Constitution between those states that ratify it. As mentioned earlier, New York, Virginia, and Massachusetts refused to ratify the Articles without a Bill of Rights, but gave in after securing a promise that the first meeting of the new Congress would enact one.

Though there are now 27 Amendments to the Constitution, the Bill of Rights is comprised of only the first 10 and contains specific limitations on what the federal government can do (eventually extended to include the State governments), to ensure the fundamental rights with which people are born are not unreasonably infringed upon by any Government action.

Amendment I

Congress shall make no law respecting: 

* The establishment of religion, or prohibiting the free exercise thereof; or

* 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.

Amendment II 

A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

The military cannot take over and use your home in times of peace without your consent, though it can in times of war, but only as directed by law. 

Amendment IV

Your right (that you were both with) to be secure against unreasonable search and seizure of yourself, your home, papers and effects (official documents and possessions) shall not be violated, and no warrants to search or seize you or your property shall be granted unless based on reliable probable cause, supported by a sworn statement, and describing in detail the place to be searched, and the persons or things to be seized. 

Amendment V

You can’t be charged for a capital or felony level crime without the charges having first been presented to a Grand Jury that brings down an Indictment; No one shall be tried twice for the same crime (double jeopardy); No person shall be compelled in any criminal case to be a witness against themselves (the right to remain silent); nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.

Amendment VI

In all criminal prosecutions, you have the right to a speedy and public trial, by an impartial jury of the State where the alleged crime happened, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against you; to have the right to subpoena witnesses in your favor; and to have assistance of counsel for your defense.

Amendment VII

Civil lawsuits for disputes valued over $20 shall have the right to a jury.

Amendment VIII

When you’ve been arrested for a crime, you shall not be subject to an excessive amount of bail that makes it impossible for you to pay, and, if you are convicted, you shall not be charged excessive fines or sentenced to cruel and unusual punishments.

Amendment IX

Even though certain specific civil rights have been listed and addressed in the Constitution, the list does not deny or impair the other rights retained by the people that are not specifically mentioned. 

Amendment X 

Powers not granted to the federal government by the Constitution, and powers not specifically denied to the States (such as outlined in Article 6), are reserved to the States respectively, or to the people directly.  

Amendment XIII (1865): Abolishes slavery and involuntary servitude (except as punishment for a crime for which you were convicted).

Amendment XIV (1868):  Anyone born or naturalized in the US is a citizen of both that State and the US, thus States cannot infringe upon Constitutional Rights; No State shall violate the right to Due Process; No State shall deny any person Equal Protection of the laws.

Amendment XV (1870):  The right to vote shall not be denied or abridged by the federal or any state government on account of race, color, or previous condition of servitude.  Amendment XIX (1920): The right to vote will not be denied on account of sex.  Amendment XXIV (1964): The right to vote shall not be denied or abridged on account of failure to pay any poll tax or other tax.  Amendment XXVI (1971): Any US citizen 18 years or older may vote. 

Amendment XVI (1913): The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

Amendment XXVII (1992): No changes in the compensation paid to Senators and Representatives shall take effect until an election of representatives shall have intervened. 

This means that if a sitting Congress votes to increase or to cut the salaries paid to members of Congress, the new changes cannot go into effect until after the next election of members of the House of Representatives (which would also correspond to certain Senators being up for reelection).  Representatives serve for only 2-year terms, so if Congress votes to give itself a huge raise, the people have the opportunity within 2 years or less to start voting out of office any politicians up for reelection that have lost favor as a result of giving themselves this increase.  The entire Congress that voted in favor of the increase could be voted out of office within 6 years of passing the increase.  If voters stood their ground on their opposition, it would be likely that any such offensive salary change would be repealed or reduced by the remaining politicians after the first round of voters booting out those who voted for it, before the rest of the politicians lost their jobs, as well.