That’s Unconstitutional!
How many times have we heard or uttered those words? When we take the Bar Association oath of office, we promise to “uphold the Constitution”. But what is in the Constitution? Have you ever actually read it? (And I’m not talking about the Cliff Notes version!)
This past several years, I’ve had the pleasure and honor of meeting two Supreme Court Justices (Justice Alito and Justice Thomas) and having dinner with another (Justice Scalia). All are extremely intelligent men whose main job it is to interpret the Constitution and its Amendments (there are 27). Here are some (I hope) fascinating facts about the Constitution and the men and women who have and still do interpret it for us: (I hope these peak your curiosity enough to make you want to give it a read!)
1. The U.S. Constitution has 4,440 words. It is the oldest and shortest written constitution of any government in the world.
2. Thomas Jefferson, the author of the Declaration of Independence, never signed the Constitution. He was serving as U.S. Minister to France (now called Ambassador) at the time of the convention.
3. At first, the Constitution wasn’t even called the “Constitution” – it was called “The Articles of Confederation”.
4. When the Constitution was signed in 1787 in Philadelphia, the U.S. population was 4 million. Now we are approaching 300 million. Philadelphia was the nation’s largest city with 40,000 inhabitants.
5. At least seven Constitutional Amendments were passed in order to reverse Supreme Court decisions. Some of the most notable ones: the Thirteenth Amendment (1865), barring slavery, and the Fifteenth Amendment (1868), protecting the citizenship of African Americans, effectively overturned the Dred Scott v. Sandford decision of 1857. The Sixteenth Amendment (1913) gave Congress the power to levy an income tax, which had been previously outlawed by the Supreme Court in Pollock v. Farmer’s Loan & Trust (1895). And the Twenty-Sixth Amendment (1971) overturned Oregon v. Mitchell which, among other things, held that Congress could not regulate the voting age in state elections. The Amendment set the voting age at 18 years.
6. The Constitution does not set forth requirements for the right to vote. At the outset of the Union, only male property owners could vote. African Americans were not considered citizens, and women were excluded from the electoral process.
7. To Amend the Constitution, a proposal must be supported by 2/3rds of the House and Senate and 3/4ths of the States. As a result, of the thousands of proposed Amendments, only 27 have passed.
8. The oldest person to sign the Constitution was Benjamin Franklin (81). The youngest was Jonathan Dayton of New Jersey (26).
Supreme Court
1. At the Supreme Court’s first session in 1790, a single justice showed up wearing a white wig (Justice William Cushing) that he had worn on the Massachusetts bench. He took so much ribbing for it he discarded it.
2. In 1790, the Chief Justice’s salary was $4,000 (slightly less than my starting salary in 1972) while Associate Justices made $3,500. Now, the Chief Justice makes $217,400 and Associate Justices $208,100.
3. The “conference handshake” tradition began in the late 1800’s by Chief Justice Melville W. Fuller. Before they take their seats at the Bench, each justice shakes hands with the others. Chief Justice Fuller felt that this was a good way to remind the Justices that, although they may have differences of opinion, they share a common purpose.
4. The longest serving Justice was William O. Douglas from 4/17/39 to 11/12/75 – 36 years, 209 days. At 40 years old, he was the second youngest to be appointed. Joseph Story of Massachusetts was the youngest at 32 years old. The oldest sitting Justice was Oliver Wendell Holmes who served until age 90.
5. Samuel Chase was the only Supreme Court Justice to be impeached. The politically motivated charges failed in the Senate, however, in 1805.
6. Chief Justice Salmon P. Chase was the only Justice to appear on U.S. Currency. He was on the $10,000 bill, which is no longer printed.
7. George Washington appointed the most Supreme Court Justices (11) and only Franklin D. Roosevelt came close with 9 appointments. Jimmy Carter was the only full term President to have no appointments. William Taft was the only President to also serve as a Supreme Court Justice.
To actually read the Constitution and its first 10 Amendments (Bill of Rights) – you can log on to www.constitutionfacts.com or send to the ABA at 541 North Fairbanks Court, Chicago, IL 60611-3314 for a handy pocket version like the one I carry with me.
