Written by attorneys · grounded in primary & secondary sources — see below
The collective citizenry of a political community viewed as the source of governmental sovereignty and the holder of reserved constitutional rights and powers. This body exercises rights such as assembly and petition and receives protections against unreasonable governmental intrusions. Powers not granted to the federal government remain with the states or this collective citizenry.
Sources & Authorities· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Common Law
Restatements
Casebooks
How it applies
Common Examples
6
Citizens Assemble to Petition
Taliah Tang and a group of neighbors gather on the steps of city hall to present a signed petition protesting a new zoning rule. Local police order the group to disperse without a permit. The assembly proceeds because the right belongs to the people as a collective body exercising petition rights.
Group Home Permit Denied
Tonya Takahashi organizes residents with intellectual disabilities to seek a special use permit for a group home in a residential neighborhood. City officials deny the permit solely because of the residents' mental condition. The denial violates equal protection because the people include all citizens regardless of disability status.
Common Law Marriage Recognized
Tristan Thompson and Theresa Tucker live together for several years, share a joint bank account, and introduce themselves publicly as spouses. After a dispute arises over property, a court must decide whether a valid marriage exists. The elements are satisfied when two people exchange consent, cohabit, and hold themselves out to the community.
Warrantless Home Entry Challenged
Tyler Taylor returns home to find federal agents inside searching without a warrant or consent. He moves to suppress evidence obtained from the search. The protection applies because the right of the people to be secure in their houses extends to all citizens against unreasonable intrusions.
Privacy Expectation in Phone Booth
Tanya Tang enters a public phone booth, closes the door, and places a call she believes is private. Government agents record the conversation without a warrant. A search occurs because the people retain a reasonable expectation of privacy even in public spaces when they take steps to keep information private.
State Education Directive Challenged
Thunderbolt Motors employees in State A receive a federal directive requiring them to follow a national curriculum in company training programs. State officials sue to block the directive. The Tenth Amendment reserves the matter to the states or the people because the power was never delegated to the federal government.
Common questions
Frequently Asked
4
Does the term the people in constitutional amendments refer only to citizens or to all persons present in the country?+
The term refers to the collective citizenry as the sovereign body holding reserved rights and powers. Constitutional text distinguishes the people from non-citizens in provisions such as the First, Second, Fourth, and Tenth Amendments. Courts interpret these clauses as protecting the political community rather than every individual physically present.
Supporting sources
How does the Tenth Amendment use the people to limit federal power?
The Tenth Amendment reserves powers not delegated to the United States nor prohibited to the states to the states respectively or to the people. This language confirms that ultimate sovereignty rests with the citizenry when authority is not granted to the federal government. Direct federal commands to state officials therefore exceed the enumerated powers.
Supporting sources
Does the Fourth Amendment protect the people only against federal officers or also against state officers?+
The Fourth Amendment protects the people against unreasonable searches and seizures by federal officers. The same protection applies to state officers through the Fourteenth Amendment incorporation doctrine. The right belongs to the collective citizenry and is not limited to federal action alone.
Supporting sources
Can a zoning ordinance that singles out people with intellectual disabilities survive rational basis review?+
A zoning ordinance that denies a permit solely because of residents' mental condition lacks any legitimate governmental interest. Even under rational basis review the government may not act out of mere prejudice against a class of citizens. The equal protection guarantee extends to the people as a whole without invidious distinctions.
Supporting sources
the people
, is ordained and established in their name, and…
the people
to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures is violated when federal agents conduct an unreasonable search and seizure. Pp.…
Constitutional LawThe nature of judicial review · Judicial review in operationUBEFoundational