Former civics teacher here. As a public service here's a Top Ten list of things politicians, elected officials--as well as students and their teachers--often get wrong about the Constitution and U.S. government. 🧵👇
1️⃣ “Hate speech isn’t protected.”
During the 2024 campaign MN Gov. Tim Walz said: “There’s no guarantee to free speech on misinformation or hate speech.”
❌ Wrong. The First Amendment has no “hate speech” exception.
During the 2024 campaign MN Gov. Tim Walz said: “There’s no guarantee to free speech on misinformation or hate speech.”
❌ Wrong. The First Amendment has no “hate speech” exception.
2️⃣ “The government can ban fake news.”
Both parties have floated banning “fake news” or “misinformation.”
❌ Wrong. False statements are broadly protected (US v. Alvarez, 2012). Fraud, defamation, perjury *are* punishable.
Both parties have floated banning “fake news” or “misinformation.”
❌ Wrong. False statements are broadly protected (US v. Alvarez, 2012). Fraud, defamation, perjury *are* punishable.
3️⃣ “The U.S. is a democracy.”
Politicians (and countless other) say this constantly.
❌ Not quite. The U.S. is a constitutional republic. We use democratic elections, but majority rule is limited by the Constitution and protected rights.
Politicians (and countless other) say this constantly.
❌ Not quite. The U.S. is a constitutional republic. We use democratic elections, but majority rule is limited by the Constitution and protected rights.
4️⃣ “Separation of church & state means keeping faith out of public life.”
❌ Wrong. The Establishment Clause bars the government from *establishing* religion. It doesn’t bar citizens—or politicians—from living out their faith publicly.
❌ Wrong. The Establishment Clause bars the government from *establishing* religion. It doesn’t bar citizens—or politicians—from living out their faith publicly.
5️⃣ “Congress can pass whatever it wants if there’s a majority.”
❌ Wrong. Congress is limited to the enumerated powers (Article I). It can’t pass an unconstitutional law (Marbury v. Madison, 1803).
❌ Wrong. Congress is limited to the enumerated powers (Article I). It can’t pass an unconstitutional law (Marbury v. Madison, 1803).
6️⃣ The 2nd Amendment is about hunting or service in a militia.
President Biden said "Deer don't wear Kevlar vests" to argue against the need for high-capacity magazines for hunting.
❌ Wrong. DC v. Heller (2008), SCOTUS confirmed the 2A protects an individual right to self-defense. Hunting, militia service, etc isn't the constitutional point.
President Biden said "Deer don't wear Kevlar vests" to argue against the need for high-capacity magazines for hunting.
❌ Wrong. DC v. Heller (2008), SCOTUS confirmed the 2A protects an individual right to self-defense. Hunting, militia service, etc isn't the constitutional point.
7️⃣ “Government gives us rights.”
See Tim Kaine's recent misstatement. Politicians sometimes say government “gives" us rights like free speech or privacy.
❌ Wrong. The Bill of Rights *restricts* government; it doesn’t bestow privileges. Rights are inherent.
See Tim Kaine's recent misstatement. Politicians sometimes say government “gives" us rights like free speech or privacy.
❌ Wrong. The Bill of Rights *restricts* government; it doesn’t bestow privileges. Rights are inherent.
8️⃣ “The Electoral College is undemocratic and should be abolished.”
AOC called it a “scam”; calls to replace it with the popular vote are common.
❌ Wrong. It’s literally in the Constitution (Art. II; 12th Amendment). Only way to abolish it is by amendment.
AOC called it a “scam”; calls to replace it with the popular vote are common.
❌ Wrong. It’s literally in the Constitution (Art. II; 12th Amendment). Only way to abolish it is by amendment.
9️⃣ “The president can spend money without Congress via 'emergency powers.'”
❌ Wrong. The power of the purse belongs to Congress (Art. I, Sec. 9) states, "No money shall be drawn from the Treasury, but in consequence of appropriations made by law".
❌ Wrong. The power of the purse belongs to Congress (Art. I, Sec. 9) states, "No money shall be drawn from the Treasury, but in consequence of appropriations made by law".
🔟 “Flag-burning isn’t free speech.”
Trump, George H.W. Bush et al have proposed various versions of a flag-burning ban.
❌ Wrong. In Texas v. Johnson (1989), SCOTUS ruled flag-burning = protected symbolic speech.
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Trump, George H.W. Bush et al have proposed various versions of a flag-burning ban.
❌ Wrong. In Texas v. Johnson (1989), SCOTUS ruled flag-burning = protected symbolic speech.
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