10 Things About the U.S. Constitution That People Seem to Forget

The U.S. Constitution is the foundation of American democracy, outlining the rights and freedoms of its citizens. However, in today’s fast-paced world, some of these rights are often overlooked or misunderstood. Recent events and court decisions have brought several constitutional principles back into the spotlight, reminding us of their importance.

Understanding these rights is crucial for every citizen. They not only protect individual freedoms but also ensure that the government operates within its limits. Here’s a list of ten constitutional rights and principles that deserve more attention:

1. Freedom of Religion Includes Limits on Government Funding

man holding his hands on open book
Photo by Patrick Fore

The First Amendment guarantees freedom of religion and prohibits the government from establishing a religion. In May 2025, the U.S. Supreme Court reached a 4-4 deadlock in a case involving Oklahoma’s attempt to fund a Catholic charter school with taxpayer money. This tie left in place a lower court’s decision blocking the funding, reinforcing the principle that public funds should not support religious institutions. 

2. Free Speech Protects Political Expression

A Woman Talking on the Megaphone Near Protesters Holding Placards
Photo by Karolina Kaboompics

The First Amendment also protects freedom of speech, including political opinions. In May 2025, the Supreme Court reinstated the voting rights of Maine Representative Laurel Libby after she was suspended for a controversial Facebook post. The Court’s decision emphasized that elected officials have the right to express their views without facing punitive actions that infringe upon their constitutional rights. 

3. Due Process Applies to Everyone, Including Noncitizens

ICE Homeland Security
Depositphotos

The Fifth Amendment ensures that no person is deprived of life, liberty, or property without due process of law. In May 2025, the Supreme Court temporarily halted the deportation of Venezuelan migrants under the Alien Enemies Act, sending the case back to a lower court to review whether the migrants received adequate notice and a fair hearing. This action highlights that due process protections apply to all individuals in the United States, regardless of citizenship status.

4. Equal Protection Means Fair Treatment Under the Law

Court Gavel - Judge's Gavel - Courtroom
Image by Openverse

The Fourteenth Amendment guarantees equal protection of the laws to all persons. In a 2025 decision, the Supreme Court ruled that individuals who win preliminary injunctions in civil rights cases are not automatically entitled to recover legal fees. This decision has raised concerns about access to justice and the potential chilling effect on individuals seeking to challenge discriminatory laws. 

5. Marriage Rights Do Not Guarantee Spousal Immigration

two gold-colored rings on paper
Photo by Sandy Millar

While the Constitution recognizes the right to marry, it does not guarantee that a U.S. citizen’s noncitizen spouse can enter the country. In June 2024, the Supreme Court held that the government could deny a visa to a noncitizen spouse without violating the citizen’s constitutional rights, emphasizing the government’s broad authority over immigration matters. 

6. States Cannot Disqualify Federal Candidates

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Depositphotos

The Constitution outlines the qualifications for federal office, and states cannot impose additional requirements. In March 2024, the Supreme Court unanimously ruled that states do not have the authority to disqualify federal candidates under the Fourteenth Amendment’s insurrection clause without congressional action. This decision reaffirmed the federal government’s exclusive role in determining eligibility for federal office. 

7. Freedom of Speech Includes the Right Not to Speak

Interrogation
Depositphotos

The First Amendment protects individuals from being compelled to express messages they disagree with. In June 2023, the Supreme Court ruled in favor of a website designer who refused to create wedding websites for same-sex couples, holding that the state could not force her to convey messages that conflicted with her beliefs. 

8. Gun Rights Are Subject to Regulation

Ammunition on flag
Depositphotos

The Second Amendment protects the right to bear arms, but this right is not absolute. In June 2024, the Supreme Court struck down a federal ban on bump stocks, ruling that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its authority. However, the Court’s decision emphasized that regulatory measures must align with statutory definitions and legislative intent. 

9. Congress Controls Federal Spending

capitol building washington dc
Photo by Louis Velazquez

The Constitution grants Congress the power of the purse, meaning only Congress can authorize federal spending. In early 2025, legal experts criticized an executive order that indefinitely paused federal funding, arguing that the president cannot unilaterally alter spending decisions made by Congress. This situation highlights the importance of maintaining the separation of powers. 

10. The Constitution Applies to Modern Technologies

TikTok behind bars
TikTok

As technology evolves, so does the interpretation of constitutional rights. In 2025, the Supreme Court upheld a law banning TikTok in the U.S., citing national security concerns. While the decision focused on foreign ownership issues, it raised questions about how First Amendment protections apply to digital platforms and the extent of government regulation over online speech. 

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