--- title: 10 Things You Might Have Thought Were in the Constitution description: America is suddenly very interested in what's in the U.S. Constitution. After the father of a fallen Army captain brandished a pocket copy of the... canonical: https://time.com/4433907/constitution-khizr-khan/ author: Chris Wilson article:opinion: false article:content_tier: free article:published_time: 2016-08-01T21:22:21.000Z article:modified_time: 2026-08-19T07:48:19.069Z article:section: Politics og:title: 10 Things You Might Have Thought Were in the Constitution og:description: America is suddenly very interested in what's in the U.S. Constitution. After the father of a fallen Army captain brandished a pocket copy of the... og:url: https://time.com/4433907/constitution-khizr-khan/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltfc21ad307ddb13a9/6988a0ae0b72e3e1cd6ea7f1/gettyimages-584274482.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 4667 og:image:height: 2625 og:image:alt: Democratic National Convention: Day Four og:type: article twitter:card: summary_large_image twitter:title: 10 Things You Might Have Thought Were in the Constitution twitter:description: America is suddenly very interested in what's in the U.S. Constitution. After the father of a fallen Army captain brandished a pocket copy of the... twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltfc21ad307ddb13a9/6988a0ae0b72e3e1cd6ea7f1/gettyimages-584274482.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # 10 Things You Might Have Thought Were in the Constitution > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. Brief goes beyond the Washington headlines to explain the politics, personalities and power dynamics shaping what happens next. 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It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=52444bfd-34c3-47d0-82cd-768658218ac1&cr=time-nl-dcbrief-2026q3-v1)  by [Chris Wilson](https://time.com/author/chris-wilson/)  ## Chris Wilson Aug 1, 2016 9:22 PM UTC  Khizr Khan, father of deceased Capt. Humayun S. M. Khan, holds up a booklet of the Constitution as he delivers remarks on the fourth day of the Democratic National Convention at the Wells Fargo Center in Philadelphia on July 28, 2016. Khizr Khan, father of deceased Capt. Humayun S. M. Khan, holds up a booklet of the Constitution as he delivers remarks on the fourth day of the Democratic National Convention at the Wells Fargo Center in Philadelphia on July 28, 2016. Alex Wong—Getty Images  by [Chris Wilson](https://time.com/author/chris-wilson/)  ## Chris Wilson Aug 1, 2016 9:22 PM UTC America is suddenly very interested in what’s in the U.S. Constitution. After the father of a fallen Army captain brandished a pocket copy of the Constitution at the Democratic national convention, [sales on Amazon surged](http://time.com/4433453/khizr-khan-pocket-constitution/). But all these new constitutional readers might be surprised to learn what’s actually in America’s founding document. Or rather, what’s not. Here are 10 things you might have thought were in the Constitution that aren’t. **The right to privacy.** The word “privacy” does not appear anyone in the Constitution. The concept developed mainly from of the Supreme Court’s interpretation of the Fourth Amendment, which protects against “unreasonable search and seizures,” and has subsequently become the central argument in several landmark court decisions, including Roe v. Wade. **The right to a jury of your peers.** The Constitution guarantees the right to a trial by jury ([Article III, Section 2](http://www.senate.gov/civics/constitution%5Fitem/constitution.htm#a3%5Fsec2)) that is “impartial” (the [Sixth Amendment](http://www.senate.gov/civics/constitution%5Fitem/constitution.htm#amdt%5F4%5F1791)), but makes no mention of peers. **Political parties.** The Constitution does not mention parties or assign them any official responsibilities in government. **The filibuster.** The long-standing policy of unlimited debate in the Senate, which now effectively means a bill needs 60 votes to pass instead of 50, is a matter of internal Senate procedure. **The separation of church and state.** The Constitution prohibits the establishment of a national religion or religious tests for lawmakers, but does not explicitly lay out the concept that religion and governance should be, as they say, [non-overlapping magisteria](https://en.wikipedia.org/wiki/Non-overlapping%5Fmagisteria). The phrase “separation of church and state” comes from a [letter](https://www.loc.gov/loc/lcib/9806/danpre.html) Thomas Jefferson wrote to the Danbury Baptist association in 1802, in which he expressed support for the idea. **Judicial review.** The concept of judicial review is a product of the [1803 Supreme Court case _Marbury v. Madison_](https://www.law.cornell.edu/supremecourt/text/5/137), in which the court established its own role as the arbiter of the constitutionality of legislation. “Chief Justice John Marshall basically created a court to his liking,” says George Washington University legal scholar Jonathan Turley, noting that the Framers did not necessarily intend for the court to have such authority. **The size of the Supreme Court.** Article III, which establishes the Supreme Court, says nothing about how many members it should have. **Executive privilege.** Article II, which enumerates the President’s authority, does not mention any protections against congressional subpoenas or other such immunities. **The right to remain silent.** This famous opening line to the Miranda warning is not enshrined in the founding document (nor is the requirement that a person be read his or her rights in the first place), but is rather an extension of the Fifth Amendment right against self-incrimination. **The pursuit of happiness.** That’s in the Declaration of Independence. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4433907/constitution-khizr-khan/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4433907/constitution-khizr-khan/"},"headline":"10 Things You Might Have Thought Were in the Constitution","datePublished":"2016-08-01T21:22:21.000Z","dateModified":"2026-08-19T07:48:19.069Z","description":"America is suddenly very interested in what's in the U.S. Constitution. 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