In the past year, many people seem to attribute their beliefs or common phrases to the Constitution that don't exist.  If you've heard one that isn't listed here, leave me a comment and let me know. 'We hold these truths to be self evident ...": In the Declaration of Independence, but not the Constitution. "Life, Liberty and the pursuit of Happiness,": Also Declaration of Independence, not Constitution. Separation of Church and State: "Congress shall make no law respecting an establishment of religion"    From this sprung the debate of separation of church and state.  The line originally simply meant the Government could not found, create, or adopt a national religion.  It does NOT state that the government must have absolutely nothing to do with religion what-so-ever.  More anti-religious citizens have pushed it further and further attempting to create a wall between the two, but it is not in the Constitution that way. Innocent until Proven Guilty: American courts treat accused criminals as innocent until proven guilty; this ensures that they are accorded all the rights they are due. There is nothing in the Constitution about a right to be treated innocent until proven guilty, though. The concept came about as a combination of trial rights that ARE in the Constitution, as well as other widely accepted legal practices. The Right to a Fair Trial: There is nothing in the Constitution about a “right to a fair trial.” The Constitution lists several trial-related rights, such as the right to a jury trial and that a trial should be held where the crime occurred; yet if the state could give you a trial that is unfair without violating those explicit rights, then the letter of the Constitution would not be violated. Once again, this concept is accepted as natural from the rights and legal precedents already accepted. Right to a Jury of Your Peers: Also not listed in the Constitution, this practice is held over from English custom where nobles would be tried by other nobles and peasants by other peasants. The Right to Vote: The Constitution lists how you can not be allowed to vote, but not how you ARE allowed to vote.  Beyond what's spelled out by the Constitution and Federal law, states can create any criteria to vote they want. The Right to Travel: Several Supreme Court cases have ruled that this basic right exists and that the state can’t interfere with travel, but it is not in the Constitution. Judicial Review: The idea that the courts have the authority to review the constitutionality of laws passed by legislatures is firmly entrenched in American law and politics. However, the Constitution does not mention “Judicial Review” and does not explicitly establish the concept. The idea that the judicial branch could be any kind of check on the power of the other two branches is baseless without this power, though, which is why Marbury v. Madison (1803) established it. Or were these just activist judges? The Right to Marriage: Marriage is a carry-over from religion, taxation, and inter-racial coupling laws, but has no basis in the Constitution.  The proposed Amendment to add the "Marriage Protection" clause would have created its only mention if it had passed. The Right to Procreate: While some believe this to be a basic human right, there is nothing in the Constitution about it. The Right to Privacy: This one is debatable. While not stated in the Constitution, several passages imply such a right and many court decisions have found a right to privacy in different aspects of human life, such as contraception the education of children. Critics complain that courts have invented this right for political purposes.

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