“We the People": Who Counts, Who Decides, and Who's Left Out?
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity...
These words open the U.S. Constitution. They are aspirational, powerful, and poetic. But they also raise an enduring question: Who exactly is "We the People"?
At the time of the founding, “We the People” excluded most people. Women couldn’t vote. Enslaved people were treated as property. Native Americans were pushed aside. And even among white men, property ownership determined participation. Over the centuries, amendments and hard-fought struggles expanded the idea — but never fully resolved it.
Today, that question remains. Who is truly represented in our democracy? Who gets counted, who gets heard — and who gets left out?
Voting access: Laws vary by state. Some make it easier to vote; others restrict it. Some restore voting rights to those previously incarcerated; others don’t. How can "We the People" mean all of us when the right to vote is so uneven?
Representation and districting: Gerrymandering — the manipulation of electoral district boundaries to favor one party — means that some votes count more than others. It undermines the core idea of equal representation.
The census and political power: The U.S. Census determines how political power is distributed. But many communities — especially immigrants, the unhoused, and marginalized groups — are often undercounted. That means fewer resources, fewer representatives, and less say in government decisions.
Citizenship and belonging: Millions of people live, work, and pay taxes in the U.S. without citizenship. Should they be part of "We the People"? The Constitution doesn’t define the term. Nevertheless, Justice Scalia, in the 1993 decision of Reno v. Flores, underscored that the constitutional protection of due process applies to undocumented immigrants: “[I]t is well established that the Fifth Amendment entitles aliens [non-citizens] to due process of law in deportation proceedings."
"We the People" is a promise — not just a phrase. It calls us to keep asking hard questions about inclusion, fairness, and power. And it reminds us that democracy isn’t just about who governs. It’s about who belongs.
How do you think “we the people” should be defined?
