The recent protests over the deportation of unauthorized foreign nationals — and the political backlash that followed — reflect more than disagreement with policy. They reveal something deeper: widespread confusion about how the American legal system actually works.

Many people seem genuinely shocked when the law is enforced as written. But that kind of surprise often stems from not understanding the rules in the first place. And in the United States, those rules are defined by constitutions — at both the federal and state level.

The U.S. Constitution, along with each state’s constitution, sets the framework by which all government action must occur. It determines which powers belong to which level of government, how laws are created, and how they are enforced. It’s not just a reference document — it’s the rulebook for everything from immigration enforcement to zoning laws.

The more you understand how your federal, state, and local governments actually function, the more power you hold as a citizen. It becomes easier to recognize when an official is mistaken, misleading you, or just making it up as they go.

Constitutions are not symbolic. They are the foundation of lawful government — and the first tool citizens should reach for when trying to understand or change how things work.

How Constitutions Work

The U.S. Constitution defines the structure of federal government, assigns powers between the national government and the states, and guarantees certain individual rights. State constitutions do the same within their own jurisdictions. (Vermont Constitution)

Government action must flow from these founding documents. Laws passed by legislatures must comply with constitutional requirements. Regulations issued by agencies must rest on statutory authority. Executive actions must operate within defined powers.

If any law or regulation conflicts with constitutional limits, courts may strike it down. If citizens wish to change a law, the proper mechanism is through elected representatives, or by amending the Constitution itself through prescribed legal processes.

Federal vs. State Powers

Some areas of law fall clearly under federal jurisdiction — such as immigration and border enforcement. Other areas, such as education or zoning, fall under state or local control.

Federal immigration law applies nationwide because the U.S. Constitution grants Congress the power to establish a “uniform Rule of Naturalization.” This ensures that immigration status is not subject to a patchwork of different standards across 50 states.

Once an individual is found to be in the country unlawfully under federal law, no state government can unilaterally override that finding by declaring that person “legal” within its own borders. This is because the individual can move freely between states, which leaves them subject to federal jurisdiction.

This is why recent federal enforcement actions — removing unauthorized foreign nationals — are occurring according to law. They reflect constitutional powers granted to the national government, applied in accordance with federal statutes.

The Process for Changing Laws

If citizens disagree with a particular law, the lawful remedy is clear:

• Elect representatives to modify or repeal the law.
• Challenge the law in court if it violates the Constitution.
• Amend the Constitution itself through established procedures.

These tools exist for a reason. Our system was designed to allow change — but through defined processes that ensure stability, clarity, and fairness. Working within that system doesn’t mean giving up your principles. It means securing change that lasts.

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How to Get Involved

Understanding how government is supposed to function can make current events feel less chaotic — and more manageable. For citizens who want to engage constructively, there are practical steps to take:

• Read your state’s constitution. Every state has one, and many are surprisingly readable. Learn what powers your legislature has — and what limits exist.
• Read the U.S. Constitution. It’s not long — about 7,500 words. Knowing it firsthand is more powerful than hearing about it secondhand.
• Contact your representatives. (VT) State and federal lawmakers work for you. You don’t need to be an expert — just be informed, polite, and clear about what you care about.
• Get involved locally. Town meetings, school boards, planning commissions, committees, and public comment sessions are often open to all. They’re also where a lot of decisions start. Find out when they are being held. Attend one — or simply watch them on YouTube.
• Learn how laws get made in your state. Each state has its own process for introducing bills, holding hearings, and moving legislation. The more you know, the less opaque it feels.
• Join a political party or civic group if it aligns with your values. Or start your own.

The more informed and engaged you are, the less overwhelming government feels — and the more effective your voice becomes.

Positive vs. Negative Rights

In recent years, some political movements have advanced the idea that new “positive rights” — such as a right to housing, income, or healthcare — can be created through legislation.

However, most constitutional systems in the U.S., including Vermont’s, are built primarily on “negative rights”: protections against government action. The Constitution limits what government may do to citizens, not what it must provide to them.

Government guarantees to provide material goods to certain groups must still comply with constitutional principles — such as equal protection and limitations on the taking of private property. The phrase “common good” in constitutional text does not authorize unlimited state action for favored groups, and cannot override other constitutional protections.

Conclusion

Constitutions are the highest legal authority in the United States and its states. Public opinion may shift on certain issues, but lawful government must continue to operate within constitutional bounds.

The proper response to laws you disagree with isn’t to tune out — it’s to lean in. The more you understand how the system works, the more effectively you can work within it — or change it. Informed citizens carry more weight than they realize. And when you know the rules, it’s harder for officials to mislead you — and much easier to hold them accountable.

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Dave Soulia | FYIVT

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