Written by attorneys · grounded in primary & secondary sources — see below
A body of individuals who constitute the citizenry or populace of a political entity and who collectively hold enumerated constitutional rights.
Sources & Authorities· 13 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
How it applies
Common Examples
6
Peaceable Assembly Right
Pavel Petrov and fellow residents planned a rally on the town square to protest local taxes. City officials attempted to block the gathering by citing traffic concerns. The court held that the First Amendment protects the right of the people to assemble peaceably, so the officials could not suppress the event absent a narrowly tailored justification.
Common Law Marriage Elements
Pablo Perez and Phuong Pham lived together for three years, used a shared surname on documents, maintained a joint bank account, and introduced themselves to neighbors as spouses. When a dispute arose over property rights after separation, the court found that the exchange of consents, cohabitation, and public holding out satisfied the requirements for a valid common law marriage between two people.
Pierre Poulin placed personal papers inside a closed briefcase left in a public park while he stepped away briefly. Federal agents opened the briefcase without a warrant. The court ruled that the Fourth Amendment protects people, not places, and that Poulin had exhibited a reasonable expectation of privacy in the contents.
Citizenship and Equal Protection
Penelope Price, born in the United States to immigrant parents, applied for state benefits. The state denied her application solely because of her parents' immigration status. The court held that the Fourteenth Amendment makes all persons born in the United States citizens entitled to equal protection, so the denial violated her rights.
Voting Rights Regardless of Sex
Portia Price attempted to register to vote in a state election. Officials refused her application on the ground that she was a woman. The court ruled that the Nineteenth Amendment prohibits denial of the right to vote on account of sex, so the officials' refusal was unconstitutional.
Voting Rights Regardless of Race
Pavel Petrov, a Black citizen, was turned away from the polls by election officials citing a state literacy test applied only to non-white applicants. The court held that the Fifteenth Amendment forbids abridgment of the right to vote on account of race, rendering the officials' action invalid.
Common questions
Frequently Asked
2
Does the term 'the people' in constitutional provisions refer only to citizens?+
The term encompasses individuals who hold the enumerated rights, with citizenship requirements stated explicitly in some amendments such as the Fourteenth, Fifteenth, and Nineteenth. Provisions like the First and Fourth Amendments use 'the people' without an express citizenship limitation in the text itself.
Supporting sources
How does the reasonable-expectation-of-privacy test apply the Fourth Amendment protection to people rather than places?+
A person must exhibit an actual subjective expectation of privacy that society recognizes as reasonable. Items knowingly exposed to the public receive no protection, while efforts to keep items private can receive constitutional protection even in a public area.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…officer of the United States and as agent of the President. In the first capacity his duty is to the United States or its citizens; in the other his duty is to the President. In the former capacity he is compellable by mandamus to do his duty; in the latter he is not. This distinction is pointed out by two acts of…
ContractsFormation of contracts · Mutual assent (including offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)UBEFoundational