The Heritage Guide to the Constitution is intended to provide a succinct and accurate explanation of each clause of the Constitution as understood by the framing generation and as applied in contemporary law. While the Guide provides a reliable reference for lawmakers and policymakers and is useful for the trained jurist, it is written to be accessible and helpful for informed citizens and students of the Constitution as well.
To create such a unique line-by-line analysis of our supreme law, the editors engaged scholars and experts to elucidate each clause of the Constitution, from the Preamble to the Twenty-seventh Amendment. Each contributor was asked to write a brief essay on a particular clause with two objectives. First, the article was to provide a description of the original understanding of the clause, as far as it can be determined. If within the standard of original understanding there are credible and differing interpretations, they were to be noted and explained. (The concept of “originalism” is discussed in the introductory essay, “The Originalist Perspective.”) Second, the article was to provide an explanation of the current state of the law regarding the clause and, where appropriate, to give brief explanations of the historical development of current doctrine. At the end of each essay, the authors have added cross-references to other clauses in the Constitution, suggestions for further research, and a listing of significant cases concerning that clause. (An index of referenced cases is provided in Appendix A.)
Many individuals deserve acknowledgment for their ideas, comments, and substantive contributions in the long process of compiling this book. The project began in conversations between Dr. David F. Forte, Dr. Matthew Spalding, and then–Vice President Adam Meyerson of The Heritage Foundation and continued with the steady guidance of Edwin Meese III, the Ronald Reagan Distinguished Fellow in Public Policy. Executive Vice President Phil Truluck understood the importance of this unique scholarship and strongly supported the project from the beginning.
Mr. Meese acted as the Chairman of this project’s Editorial Advisory Board, which included distinguished scholars who read and commented on the essays as they were produced and edited. The Editorial Advisory Board for the second edition is made up of Gary S. Lawson of Boston University School of Law, John O. McGinnis of Northwestern University School of Law, Michael B. Rappaport of the University of San Diego School of Law, and Ronald D. Rotunda of Chapman University School of Law.
Numerous individuals contributed to the project working under Dr. Spalding. In the production of the second edition, Julia Shaw was invaluable as Assistant Executive Editor for the project, tracking essays through the process, checking case citations, and generally keeping a very complicated project organized. Ashlea Varndell assisted the project’s management, and Michael Kelsey supported the project throughout as a Research Fellow at Heritage and then Hillsdale College. Student researchers Renee Davis of the University of Dallas and John Brooks of Hillsdale College supported the project while interning at The Heritage Foundation. Heritage’s then–Vice President for Communications and Marketing Genevieve Wood played a vital role in the publication of the Guide, and Joshua Shepherd assisted with its production and marketing. Initial line editing was done by Jan Smith.
Several researchers also supported the project, working under Dr. Forte: Jon Beckman, Meggan Decker, Daniel Dew, Megan Dillhoff, Nathan Guinn, Matthew Hebebrand, Kevin McConnell, Anthony Miranda, Ryan Mulvey, Brandon Piteo, Benjamin Pruett, Colin Ray, Peter Reed, Christopher Stuart, and John Clay Sullivan.
As the revisions for the second edition began, the editors engaged a number of scholars to review relevant scholarly literature that had been published since the first edition: Kurt T. Lash of the University of Illinois College of Law, Gary S. Lawson of Boston University School of Law, Robert G. Natelson of the Independence Institute, Michael B. Rappaport of the University of San Diego School of Law, Ronald D. Rotunda of Chapman University School of Law, and Eugene Volokh of the UCLA School of Law. Other scholars, including some who were also contributors, provided valuable commentary on a number of particular articles.
Throughout, we have used The Chicago Manual of Style and The Bluebook: A Uniform System of Citations as style guides. For the text of the Constitution, we used the National Archives’ transcription of the document in its original form. For The Federalist Papers we used the 2006 Signet Classics edition, edited by Clinton Rossiter with an introduction and notes by Charles Kesler, which is taken from the first edition of the collected essays published in 1788 by J. and A. McLean.
Founded in 1973, The Heritage Foundation is a research and educational institution whose mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Governed by an independent Board of Trustees, The Heritage Foundation is an independent, tax-exempt institution.
The Heritage Guide to the Constitution was made possible by two self-made entrepreneurs and generous philanthropists who made endowments to The Heritage Foundation. Born in Italy, Henry Salvatori founded the Western Geophysical Company, one of the most successful oil-exploration and contracting enterprises in the world. B. Kenneth Simon was a U.S. Marine during the Second World War before founding and building a thriving business to distribute, design, and contract the manufacture of packaging materials. Later in life, both men dedicated their time and considerable fortunes to strengthening the underpinnings of American liberty and constitutionalism.