Introduction

It’s fair to say there would not be a United States of America without the U.S. Constitution— the written foundation for the principles upon which the nation was founded and continues to operate. The Constitution is an agreement among the states—originally 13, now 50—to variously support and, when necessary, submit to a federal government that represents the union of the states as a single political entity.

The Constitution is a master document, the paramount or overriding set of laws that lays out the foundation of American democracy and the rule of law. The Constitution does not grant us rights, but rather gives our government the power to protect those rights that are natural to all citizens.

The Constitution establishes the three branches of the national government and the system of checks and balances that keeps any one branch from dominating. The Constitution also creates the framework for electing federal officials and limits their power. Finally, the Constitution lists individual rights that are the heart of our democracy.

The Constitution is a remarkable document, in some ways remarkably complicated and in some ways deceptively simple. It is the supreme law of the land, but it is not carved in stone. It is flexible and can be changed. Even if the actual words of the Constitution are not amended, court interpretations of what they mean can dramatically change the way we live, work, and play. The Constitution was forged from high principles—and hypocrisy. The authors were men dedicated to high-minded ideals for all people—and their own selfish interests. The Constitution uses seemingly straightforward language, yet many of the most basic passages are endlessly debated, interpreted, and reinterpreted. Neighbors can read the same passages of the Constitution and come to complete opposite conclusions.

The Constitution is something most Americans know a little about, but not as much as they think. This book presents an opportunity to learn more about the Constitution—how to approach it, how to begin understanding it, and how to think about it for yourself and form your own opinions. Yes, opinions about the Constitution do matter, whether the opinion is that of a Supreme Court justice, a political activist, or a tenth-grader being marched through American history.

This book begins at the beginning, with the American Revolutionary War and the founding of a new nation in a new way. It also offers the opportunity to browse, or dip in and out of particular aspects of the Constitution, from the founding fathers to the hotly controversial issues dividing us today.

Many Americans believe the Constitution has never been more important for the future of the country—no matter what kind of future they would like to see. Given the significance of the Constitution on today’s political landscape, it makes sense that we are in the midst of a national discussion about the rule of law and constitutional rights as they relate to the future of America’s national culture and character. The goal of this book is to present history and today’s perspective in an even-handed, fact-based manner that both informs you and helps you do your own analysis of the day’s headlines. Rather than the classic case-and-argument style of law books, this guide is written in a colloquial, conversational style aimed at being accessible for a broad range of readers. Lawyers will use it as a refresher on some of the finer points of the law of the land, and eighth-grade students will use it to figure out how to write term papers on the Constitution. The emphasis in this book is on telling stories—the stories of what happened and of the people who were involved.

This guide is informative, thoughtful, and thought-provoking. It does not aspire to be comprehensive, and it is by no means the last word in understanding or appreciating the Constitution. Rather, it is more of an overview and an introduction, providing the basics of what you need to know to be an informed citizen who understands the principles that underpin our legal system and our society. There is much more to be learned, and considered, about any and every aspect of the Constitution put forth here. If this is your first step in learning about the Constitution, I hope you have a long and rich journey.

How This Book Is Organized

This book is divided into four parts:

In Part 1, Constitutional Basics, we begin with a breezy history lesson that looks at both the development of our American legal principles, mostly from English common law, and the development of our American society, beginning in the colonies. The first chapter takes us through the American Revolution—the colonists regarded themselves as freedom fighters and patriots, while the British rulers regarded them as rebels—and the Declaration of Independence into the first tentative steps of a new nation. We review the foundations of the Constitution—the people give the government rights, not the other way around—and the historic convention that produced this remarkable set of ideas in Philadelphia during the sultry summer of 1789.

In Part 2, Balancing the Branches, we examine Articles I, II, and III of the Constitution, which laid out the framework for history’s boldest experiment in democracy. We explore the reasons behind the separation of powers between three equal branches of government—executive, legislative, judicial—and the elaborate system of checks and balances the framers of the Constitution designed to keep any one branch of government from assuming too much power.

The remaining parts of the original Constitution, Articles IV, V, VI, and VII, look at the blueprint for how the new federal system is supposed to work, including the relationship between the individual states and the national government. This section also considers the wisdom of the framers of the Constitution who, in recognizing that a society must move forward and change and adapt to succeed, prescribed a way to amend the Constitution.

Part 3, Your Basic Rights, is devoted to the Bill of Rights—the first 10 amendments to the Constitution, the amendments that define so many of the individual rights that have become so important to Americans and are synonymous with the American ideal. We examine all 10 amendments in the Bill of Rights but focus primarily on the most significant, including the First Amendment, the so-called “great” amendment guaranteeing freedom of speech, religion, and the press; the Second Amendment and its controversial “right to bear arms” wording; the Fourth Amendment, which protects us against unlawful searches and seizures by authorities; the Fifth Amendment, which gives us the right against self-incrimination and Miranda warnings; the Sixth, Seventh, and Eighth amendments, which guarantee fair trials and punishment; and the Ninth Amendment’s personal privacy protections.

Moving on, the book discusses each of the subsequent amendments individually but concentrates more on those that had a major impact on society or that continue to have implications for today, including the amendments that ended slavery and granted civil rights, at least in theory, to African Americans. We examine the far-reaching U.S. Supreme Court interpretations and applications of the Fourteenth Amendment and its Equal Protection Clause. There are some good stories—and some grumbling that continues today—behind the Sixteenth Amendment, which led to the national income tax, and the Seventeenth Amendment, which let Americans vote directly for their senators for the first time.

The early twentieth century was a time of striking change in America as we became the world’s dominant nation, but it is unlikely that the framers of the Constitution ever saw their amendment process being used to outlaw alcohol or give women the vote—the results of the Eighteenth and Nineteenth Amendments.

In Part 4, Modifying the Government, we look at how Prohibition backfired and led to repeal in the Twenty-First Amendment and at the women’s suffrage movement. Besides the other amendments passed in the last century, including one to limit presidents to two terms and another that gave the vote to 18-year-olds, we review some of the amendments that came close to ratification but failed, notably the Equal Rights Amendment.

The text closes with some thoughts on the future of the Constitution, including shifts in the balance of power among the three branches of government, and some speculation about future proposed amendments. Specifically, we’ll look at possible attempts to amend the Constitution, and the constitutional questions raised by the February 2016 death of Justice Antonin Scalia and the vow by Republican senators not to consider confirmation of a successor until the winner of the 2016 presidential election is sworn into office in 2017.

Finally, in the back of the book, a glossary defines many of the terms commonly used in discussions of constitutional law, a list of references offers ideas for further reading, a third appendix explains how you can petition the government, and the end of the book is home to the full text of the Constitution.

Extras

As you go through the book, you’ll notice a number of sidebars, small asides aimed at adding to your knowledge and illustrating the main points. There are four types of sidebars:

Cases

Summaries of landmark cases that have changed the course of American history are detailed here.

DEFINITION

In these sidebars, definitions of common legal terms and concepts are presented.

We the People

Brief profiles of those who played pivotal roles in constitutional cases, along with pithy quotes from many of those people, are shared in these sidebars.

What It Means to You

These sidebars hold pointed commentary explaining the main points of constitutional law in simple terms.

Special thanks for considerable help, both in the original edition of this book and again now in the second edition, goes to Jim Tosone, the noted amateur constitutional scholar who offered many cogent insights on a number of key points. As a corporate consultant who often relies on his improvisational comedy background in career and management training seminars, Jim can always point out the irony and humor in the Constitution and its development over the years. Jim’s background briefings were helpful on a number of issues and were especially useful in analyzing recent Second Amendment cases. His draft language on gun rights in America in effect became Chapter 7.

William Mathis, an outstanding young journalist, provided important research assistance. Anybody who can employ Will, short-term or long-term, as a researcher or reporter, will be pleased with the results.

Thanks to my agent, Bob Diforio, for bringing this project to me, and to the staff at Alpha Books who oversaw the editorial, design, and production process, especially Jan Lynn. Christy Wagner, who edited the book, did a great job in making it a smoother read.

Also, thanks to my colleagues at the CUNY Graduate School of Journalism, particularly Dean Sarah Bartlett and Associate Dean Andrew Mendelson, for encouraging this visiting professor and other faculty and staff to use our skills and experience for professional projects in the public interest.

Finally, my love and appreciation to my family, including my late parents, Maynard “Bud” Harper and Eleanor Eberle Harper, who taught me the rules, and when and how to break them, and especially my wife, Nancy Bobrowitz, and our now-adult kids, Lizzie and Jon. Together, we’ve learned a lot over the years about the value of rights, responsibilities, and flexibility—whether in a national constitution or in a family.