Module 5 – Justice and the Constitution
Lesson 9
The People and the Constitution: Who Owns the Law?
The People and the Constitution: Who Owns the Law?
A Government of the People… But How?
The U.S. Constitution begins with the famous words:
“We the People…”
These three words establish a radical idea:
Sovereignty belongs not to a king, a party, or a court—but to the people themselves.
But how do “the people” own the Constitution in practice?
• Do we write its words?
• Do we shape its meaning?
• Do we control its enforcement?
Written by Elites, Claimed by All
The Constitution was written by a small group of elite white men in 1787.
At the time, most Americans could not vote, including:
• Women
• Enslaved people
• Indigenous peoples
• Non-property-owning white men
Yet over generations, the Constitution has been reclaimed, amended, and reinterpreted through the struggles of ordinary people demanding inclusion.
The Constitution’s legitimacy rests not in its origins, but in the belief that it belongs to us all.
How Do the People Speak?
In theory, the people influence the Constitution through:
• Voting for lawmakers and presidents
• Passing state initiatives and referenda
• Amending the Constitution
• Engaging in protest, education, and public discourse
But in reality, these pathways are often blocked by:
• Voter suppression
• Political polarization
• Judicial overreach
• Corporate influence in lawmaking
The Role of Courts—Guardians or Gatekeepers?
The courts interpret the Constitution—but judges are not elected and serve lifetime terms.
Supporters say this protects justice from mob rule.
Critics say it places too much power in the hands of a legal elite, disconnected from public will.
When court decisions defy popular opinion, who is right?
Should the Constitution reflect public values—or protect against them?
Constitutional Literacy Is Power
For “We the People” to own the law, we must first:
• Understand our rights
• Question authority
• Teach each generation
• Demand accountability
A democracy cannot survive if its citizens do not know what they are entitled to, or how to claim it.
Ownership begins with awareness.
Thought Questions
• Do you feel like you have a voice in constitutional interpretation?
• Should judges be elected to reflect public opinion?
• Can a people own a law they didn’t write?
Next Lesson Preview
Lesson 10 – Justice and the Future: Can the Constitution Evolve With Us?