By Peaches Calhoun, Founder of Humanity First Ohio
“The Constitution was never meant to be a memorization exercise. It was meant to be a shield.”
If the Constitution is a shield, the next logical question is simple: where are the handles?
Americans are often told they should “already know” their rights. The implication is that a quick reading of the Constitution is enough to prepare someone for a real-world encounter with government authority. That assumption is not only unrealistic, it is dangerous.
The Constitution is not a slogan. It is a governing framework that places limits on power. Rights protect people only when they are understood, recognized, and asserted appropriately. What follows is not legal advice. It is civic literacy: a practical explanation of where core rights actually live in the Constitution and how they function in everyday situations.
The Right to Remain Silent
Where it lives: Fifth Amendment
The Fifth Amendment protects individuals from being compelled to incriminate themselves. This protection applies during questioning by law enforcement or federal agents, including U.S. Immigration and Customs Enforcement (ICE).
You are not required to answer questions about:
- where you were born
- your immigration status
- how or when you entered the United States
- Silence is not guilt.
- Silence is a constitutional right.
Protection Against Unlawful Searches and Entry
Where it lives: Fourth Amendment
The Fourth Amendment requires government agents to obtain a judicial warrant—issued by a judge and supported by probable cause—before entering a private residence.
An administrative warrant does not authorize entry into your home.
Individuals are legally allowed to:
- ask to see the warrant
- verify that it is signed by a judge
- refuse entry if it is not
You are not required to open the door in order to exercise these rights.
The Right to Ask if You Are Being Detained
Where it lives: Fourth Amendment (seizure protections)
Detention is a legal seizure under the Constitution. If an officer or agent cannot lawfully articulate why you are being detained, you are not required to remain.
A simple, calm question matters:
“Am I being detained?”
If the answer is no, you may leave.
If the answer is yes, you may remain silent.
The Right to an Attorney
Where it lives: Sixth Amendment (criminal cases)
Applied through: Fifth Amendment protections during questioning
Individuals have the right to consult with an attorney before answering questions. You do not need to know an attorney’s name. You do not need one physically present in order to invoke this right.
Once a person states:
“I want to speak to a lawyer,”
- questioning should stop until legal counsel is present.
The Right to Due Process
Where it lives:
Fifth Amendment (federal actions)
Fourteenth Amendment (state actions)
Due process requires the government to follow lawful procedures before depriving a person of liberty. This protection applies to persons, not only citizens.
Enforcement authority does not eliminate constitutional limits.
No agency operates outside the Constitution.
Why This Matters
The Constitution was written to restrain power—not to test the public’s memory.
Rights that exist only in theory do not protect people in practice. When individuals understand where their rights are rooted, fear loses leverage and institutions are forced to behave lawfully.
This is not about avoiding accountability.
It is about ensuring accountability exists.
Additional Resources for Readers
Readers—particularly new Americans—seeking practical, step-by-step civic education can access multilingual resources through Humanity First Ohio.
The Civic Toolkit at HumanityFirstOhio.org includes:
- clear explanations of constitutional rights
- guidance for interactions with federal agents
- resources for locating loved ones after a U.S. immigration arrest
- community-based tools designed to reduce panic and restore grounding
- materials available in multiple languages
Civic knowledge is not a privilege.
It is a public safety tool. (This article is for educational purposes only and does not constitute legal advice.)
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