What Words Are (And Aren't) In The US Constitution

[The gist of this post is to point out the many words that are NOT mentioned in the Constitution.  Since the so called 'Originalists' who have gained a majority of the Supreme Court want to base their decisions strictly on the words found in the Constitution, then it would seem they would have to overturn many past decisions - including Citizens United.]

 A few weeks ago I announced a contest about how often different words showed up in the Constitution.  I guess I was asking a lot more of readers than they were willing to do.  I only got one response - which was a comment suggesting I should have checked out the word 'gun.'  (Gun is not mentioned, 'arms' is mentioned once.) I figured enough people had gone over that already and the part that includes 'a well regulated militia.'  

My point here was to support the belief that the so called 'Originalist' faction is a sham created to give radical conservative Supreme Court Justices their own way to spin things.  As you go through the list below, think about how many words NOT mentioned in the constitution seem to have Supreme Court decisions that ignore the fact they aren't mentioned.  

[Originalists basically argue they want to interpret the Constitution by using the words the Founding Fathers wrote.  I've covered it in several earlier posts:

Thursday, February 25, 2016   I Think Scalia's Originalism Is Like Intelligent Design Of Constitutional Theories

Monday, March 20, 2017    As Neil Gorsuch Takes Center Stage, What Exactly Is Originalism About?

Monday, October 12, 2020     Revisiting Originalism ]

I took an online copy of the Constitution and the searched it for each of the terms.  Here's my list of words and how often they show up:

	In Constittuion?		How often?	Contest Notes
	YES	NO
MAN		√	0	Manner = 11
WOMAN		√	0
CORPORATION		√	0
INDUSTRY		√	0
PERSON(S)	√		49
CITIZEN	√		22
LIFE	√		4
LIBERTY	√		3
ECONOMY		√	0
CAPITAL	√		1	“Capital or otherwise infamous crime”
CAPITALISM	√		0
MARKET	√		0
MARRIAGE	√		0
DOMESTIC VIOLENCE		√	1	Along with invasion
BUSINESS		√	1	“Majority of each shall constitute a Quorum to do Business”
TAX	√		10	Tax or taxes
VOTE	√		36
COMMERCE	√		2	“Regulation of Commerce”
BANKRUPTCY	√		1
SECURITIES	√		1
SEX	√		1
RELIGION	√		1
CHRISTIAN		√	0
WELFARE	√		2	“General welfare”
THE PEOPLE	√		9
GOD		√	0

Let me mention the context notes first.

1.  Man - I also checked 'men' and 'women'.  'Manner' was the closest thing to 'man' that showed up. Basically the constitution never mentions 'man' or 'woman.'  It talks about 'persons' and 'citizens.' Even the 18th Amendment (women's suffrage) doesn't mention women directly.

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."

No where could I find person to refer to anything other than an individual human being.  Not to corporations (which are never mentioned.) 

2.  Capital - This word is mentioned in the context of 'capital punishment.' Neither capital (in the sense of money) nor capitalism are mentioned in the Constitution. 

3.  Domestic Violence - is mentioned once.  Not to mean violence within a household, but rather more like the January 6 insurrection.  It's mentioned along with 'invasion.'

4.  Business - The only mention is in regards to  needing a quorum for Congress to conduct business.  It is not used to refer to business enterprises, just as the words 'corporation,' 'industry,' 'economy,' or 'market' are used.  

5.  Tax - is mentioned 10 times

6.  Commerce is mentioned twice - both times in the phrase 'regulation of commerce.'

7.  Welfare is mentioned twice.  First in the Preamble that lists 'promote the general Welfare' as one of the goals of establishing the Constitution.  Second, 'general Welfare' is one of the reasons for levying taxes.  

8.  

Considering all of the Supreme Court decisions that give corporations rights that are reserved for persons -most egregiously in Citizens United - it's hard to imagine how this is done by so called 'Originalists.'   I'm not a lawyer and I haven't studied the evolution of business law, but it seems to me attorneys wanting to overturn Citizens United might take an Originalist approach and point out that corporations are not even mentioned in the US Constitution.  Nor are businesses or enterprises.  

But 'regulation of commerce' is listed.  

Promoting the general Welfare is listed.  That would seem to be a strong bases for including things like universal health care and many other programs that improve people's lives.  

I realize the law is complicated. My suggestion that since corporations aren't mentioned in the Constitution and 'person' only refers to actual human beings, Citizens United should be overturned, probably faces many obstacles I've overlooked.   But the lack of these terms in the Constitution seems to me to be one more way to show the silliness of the Originalist approach.