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Download high-resolution image Look inside

The U.S. Constitution

Explained--Clause by Clause--for Every American Today

Author Ray Raphael
Look inside
Paperback
$9.95 US
Knopf | Vintage
On sale Oct 31, 2017 | 192 Pages | 978-0-525-56254-2
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  • Political Science > American Government and Politics > Constitution
  • Political Science > American Government and Politics > Constitutional Law
  • Legal and Paralegal Studies > Legal Studies > Constitutional Law
  • About
  • Excerpt
  • Author
Politicians come and go, but the Constitution stands as the supreme law of the land. Setting forth the workings of our democracy, it is the bedrock document from which we derive our policies on topics as diverse and galvanizing as immigration, gun ownership, voting rights, taxation, policing, civil liberties, and war. 
 
In this indispensable edition, acclaimed historian and Constitutional expert Ray Raphael guides us through the origins, impact, and current relevance of the original text and all twenty-seven amendments. Here is the key historical context for issues in the news today—from the Electoral College to Washington gridlock, from peaceful protests to executive power. Thoughtful and nuanced, lively and highly readable, this annotated Constitution is for all of us to read and refer to—the ultimate political fact-checking source for every American.

“Raphael’s annotations are written with such clarity. Indeed, the kind of clarity we need at this critical moment in our nation’s history.” —Carol Anderson, Winner of the National Book Critics Circle Award
from the Introduction

In the United States, the Constitution—not the president, nor any elected leader—reigns supreme. Article VI declares succinctly: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof,…shall be the supreme Law of the Land.” Americans for more than two centuries have treated the primacy of the Constitution as gospel, and that is no small part of our endurance as a nation. “Regime change” in the United States proceeds peacefully. One president passes the torch to the next, even if the two belong to opposing political parties. Representatives and senators come and go, but the Constitution provides the framework under which they all must govern.

Yet the passage of time does present interpretive problems. We have agreed to abide by rules developed in a very different age. If we are to understand the historical Constitution and allow it to guide us today, we need to take account of the differences between then and now.

The framers’ concerns were not identical to ours. The Constitution stipulates that Congress has the authority to “grant Letters of Marque and Reprisal” and “punish Piracies and Felonies committed on the high seas,” but we worry more about terrorists on airplanes than pirates on the high seas. How can we balance airport security with privacy concerns? It would be odd to treat the framers as experts in such matters. We might look to basic principles that they espoused, but the devil is in the details and details are markedly absent.

Textual interpretation of the Constitution must account for the evolution of language. Article VI guarantees that the federal government will protect against “domestic Violence.” Today the term refers to spousal abuse, but back then it meant civil unrest. Constitutionese is not our native tongue.

To grasp the context in which our Constitution was drafted, imagine that it is the spring of 1787. Under the Articles of Confederation, Congress depends on the states for funds, but from October 1786 through March 1787, the states have paid a grand total of $663 into the federal treasury. To use a modern idiom, the federal government has shrunk to the size where it can drown in a bathtub. Penniless and powerless, Congress cannot even muster a quorum.

The state of Massachusetts has asked Congress to suppress a rebellion (“domestic Violence”) of indebted farmers who are closing the courts, but there is no federal army to speak of, only a few hundred soldiers stationed in western forts. Debtors are closing courts in South Carolina, Virginia, Maryland, and New Jersey as well. In Pennsylvania, farmers are preventing tax collectors from seizing their cattle. The Rhode Island legislature, under the sway of debtors, has just issued paper money. New York, North Carolina, and Georgia are now debating whether to follow Rhode Island’s lead. All of this is destroying public credit. With the value of money plummeting, neither Congress nor the states can find willing lenders.

What is to be done? Obviously, the Articles of Confederation—the nation’s existing constitution—need to be fixed. Twelve states (but not Rhode Island) send delegates to a convention in Philadelphia “for the sole and express purpose of revising the Articles of Confederation” to “render the federal constitution adequate to the exigencies of Government & the preservation of the Union.” But will “revising” the Articles suffice? That document requires unanimous approval for any amendments, a hurdle that has proved impossible to clear. Two amendments granting Congress the power to lay imposts have already failed.

On the first day of deliberations, Virginia’s Edmund Randolph and Pennsylvania’s Gouverneur Morris move that instead of merely “correcting and enlarging” the Articles of Confederation, “a national government ought to be established consisting of a supreme legislative, executive & judiciary.” (James Madison’s meticulous notes on the convention emphasized the words “national” and “supreme.”) Would delegates vote for it despite their instructions only to revise the Articles of Confederation?

They did, and that was a defining moment. The framers wanted to create from scratch an “energetic” government with sufficient “vigor” (among their favorite words) to prevent the United States from collapsing as a nation. A writer in The Pennsylvania Gazette put it this way: “The Year 1776 is celebrated for a revolution in favor of Liberty. The year 1787, it is expected, will be celebrated with equal joy, for a revolution in favor of Government.”

What would that government look like?

The framers wanted it to be robust yet not tyrannical. To balance strength and restraint, they created three distinct branches that could constrain one another. “Separation of powers” and “checks and balances” are often said to limit federal power, but in fact, they serve the opposite purpose. By distributing authority to different components within the federal government, the framers gave that government greater powers than it dared grant to a single body. As protections grew, they could add more powers—that was the framers’ basic strategy and crowning achievement.
Copyright © 2017 by Annotated by Ray Raphael. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
© Marie Raphael
Ray Raphael’s fifteen books include A People’s History of the American Revolution: How Common People Shaped the Fight for Independence (2001) and Founding Myths: Stories That Hide Our Patriotic Past (2004). He is also coeditor of Revolutionary Founders: Rebels, Radicals, and Reformers in the Making of the Nation (2011). Having taught at Humboldt State University and College of the Redwoods and all subjects in a one-room public high school, he is now a full-time researcher and writer. He lives in Northern California. View titles by Ray Raphael

About

Politicians come and go, but the Constitution stands as the supreme law of the land. Setting forth the workings of our democracy, it is the bedrock document from which we derive our policies on topics as diverse and galvanizing as immigration, gun ownership, voting rights, taxation, policing, civil liberties, and war. 
 
In this indispensable edition, acclaimed historian and Constitutional expert Ray Raphael guides us through the origins, impact, and current relevance of the original text and all twenty-seven amendments. Here is the key historical context for issues in the news today—from the Electoral College to Washington gridlock, from peaceful protests to executive power. Thoughtful and nuanced, lively and highly readable, this annotated Constitution is for all of us to read and refer to—the ultimate political fact-checking source for every American.

“Raphael’s annotations are written with such clarity. Indeed, the kind of clarity we need at this critical moment in our nation’s history.” —Carol Anderson, Winner of the National Book Critics Circle Award

Excerpt

from the Introduction

In the United States, the Constitution—not the president, nor any elected leader—reigns supreme. Article VI declares succinctly: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof,…shall be the supreme Law of the Land.” Americans for more than two centuries have treated the primacy of the Constitution as gospel, and that is no small part of our endurance as a nation. “Regime change” in the United States proceeds peacefully. One president passes the torch to the next, even if the two belong to opposing political parties. Representatives and senators come and go, but the Constitution provides the framework under which they all must govern.

Yet the passage of time does present interpretive problems. We have agreed to abide by rules developed in a very different age. If we are to understand the historical Constitution and allow it to guide us today, we need to take account of the differences between then and now.

The framers’ concerns were not identical to ours. The Constitution stipulates that Congress has the authority to “grant Letters of Marque and Reprisal” and “punish Piracies and Felonies committed on the high seas,” but we worry more about terrorists on airplanes than pirates on the high seas. How can we balance airport security with privacy concerns? It would be odd to treat the framers as experts in such matters. We might look to basic principles that they espoused, but the devil is in the details and details are markedly absent.

Textual interpretation of the Constitution must account for the evolution of language. Article VI guarantees that the federal government will protect against “domestic Violence.” Today the term refers to spousal abuse, but back then it meant civil unrest. Constitutionese is not our native tongue.

To grasp the context in which our Constitution was drafted, imagine that it is the spring of 1787. Under the Articles of Confederation, Congress depends on the states for funds, but from October 1786 through March 1787, the states have paid a grand total of $663 into the federal treasury. To use a modern idiom, the federal government has shrunk to the size where it can drown in a bathtub. Penniless and powerless, Congress cannot even muster a quorum.

The state of Massachusetts has asked Congress to suppress a rebellion (“domestic Violence”) of indebted farmers who are closing the courts, but there is no federal army to speak of, only a few hundred soldiers stationed in western forts. Debtors are closing courts in South Carolina, Virginia, Maryland, and New Jersey as well. In Pennsylvania, farmers are preventing tax collectors from seizing their cattle. The Rhode Island legislature, under the sway of debtors, has just issued paper money. New York, North Carolina, and Georgia are now debating whether to follow Rhode Island’s lead. All of this is destroying public credit. With the value of money plummeting, neither Congress nor the states can find willing lenders.

What is to be done? Obviously, the Articles of Confederation—the nation’s existing constitution—need to be fixed. Twelve states (but not Rhode Island) send delegates to a convention in Philadelphia “for the sole and express purpose of revising the Articles of Confederation” to “render the federal constitution adequate to the exigencies of Government & the preservation of the Union.” But will “revising” the Articles suffice? That document requires unanimous approval for any amendments, a hurdle that has proved impossible to clear. Two amendments granting Congress the power to lay imposts have already failed.

On the first day of deliberations, Virginia’s Edmund Randolph and Pennsylvania’s Gouverneur Morris move that instead of merely “correcting and enlarging” the Articles of Confederation, “a national government ought to be established consisting of a supreme legislative, executive & judiciary.” (James Madison’s meticulous notes on the convention emphasized the words “national” and “supreme.”) Would delegates vote for it despite their instructions only to revise the Articles of Confederation?

They did, and that was a defining moment. The framers wanted to create from scratch an “energetic” government with sufficient “vigor” (among their favorite words) to prevent the United States from collapsing as a nation. A writer in The Pennsylvania Gazette put it this way: “The Year 1776 is celebrated for a revolution in favor of Liberty. The year 1787, it is expected, will be celebrated with equal joy, for a revolution in favor of Government.”

What would that government look like?

The framers wanted it to be robust yet not tyrannical. To balance strength and restraint, they created three distinct branches that could constrain one another. “Separation of powers” and “checks and balances” are often said to limit federal power, but in fact, they serve the opposite purpose. By distributing authority to different components within the federal government, the framers gave that government greater powers than it dared grant to a single body. As protections grew, they could add more powers—that was the framers’ basic strategy and crowning achievement.
Copyright © 2017 by Annotated by Ray Raphael. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.

Author

© Marie Raphael
Ray Raphael’s fifteen books include A People’s History of the American Revolution: How Common People Shaped the Fight for Independence (2001) and Founding Myths: Stories That Hide Our Patriotic Past (2004). He is also coeditor of Revolutionary Founders: Rebels, Radicals, and Reformers in the Making of the Nation (2011). Having taught at Humboldt State University and College of the Redwoods and all subjects in a one-room public high school, he is now a full-time researcher and writer. He lives in Northern California. View titles by Ray Raphael

Additional formats

  • The U.S. Constitution
    The U.S. Constitution
    Explained for Every American
    Ray Raphael
    978-0-525-56291-7
    $5.99 US
    Ebook
    Vintage
    Oct 31, 2017
  • The U.S. Constitution
    The U.S. Constitution
    Explained for Every American
    Ray Raphael
    978-0-525-56291-7
    $5.99 US
    Ebook
    Vintage
    Oct 31, 2017

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    978-0-525-43315-6
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    Saul Alinsky
    978-0-525-43328-6
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    from The Oath
    Jeffrey Toobin
    978-0-525-43376-7
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    from The Righteous Mind
    Jonathan Haidt
    978-0-525-43378-1
    $0.99 US
    Ebook
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    from A Woman in Charge
    Carl Bernstein
    978-0-525-43379-8
    $0.99 US
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    from The Paranoid Style in American Politics
    Richard Hofstadter
    978-0-525-43381-1
    $0.99 US
    Ebook
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    Joan Didion
    978-0-525-43382-8
    $0.99 US
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    Alexander McCall Smith
    978-0-525-43191-6
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    Francesca Marciano
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    $0.99 US
    Ebook
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    $0.99 US
    Ebook
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    Richard Bausch
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    $0.99 US
    Ebook
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    $0.99 US
    Ebook
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    From Fifty-Two Stories
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    $0.99 US
    Ebook
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    An Opening Argument
    Adam Schiff
    978-0-593-31130-1
    $0.99 US
    Ebook
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    978-1-9848-9959-0
    $0.99 US
    Ebook
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    Richard Russo
    978-0-593-08250-8
    $0.99 US
    Ebook
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    From The Source of Self-Regard
    Toni Morrison
    978-0-593-08217-1
    $0.99 US
    Ebook
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    From Bird by Bird
    Anne Lamott
    978-0-593-08218-8
    $0.99 US
    Ebook
    Vintage
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    From The Art of Fiction
    John Gardner
    978-0-593-08219-5
    $0.99 US
    Ebook
    Vintage
    Oct 29, 2019
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    From The River of Consciousness
    Oliver Sacks
    978-0-593-08220-1
    $0.99 US
    Ebook
    Vintage
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    From The Naïve and the Sentimental Novelist
    Orhan Pamuk
    978-0-593-08228-7
    $0.99 US
    Ebook
    Vintage
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    From The Art of Noticing
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    978-0-593-08234-8
    $0.99 US
    Ebook
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    A Centenary Celebration
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    $0.99 US
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    From Lies, Incorporated
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    $0.99 US
    Ebook
    Vintage
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    From Moral Disorder
    Margaret Atwood
    978-0-525-56640-3
    $0.99 US
    Ebook
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    Luke Harding
    978-0-525-56641-0
    $0.99 US
    Ebook
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    From The Working Poor
    David K. Shipler
    978-0-525-56646-5
    $0.99 US
    Ebook
    Vintage
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  • Between Politics and Sanity
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    From Michelle Obama
    Peter Slevin
    978-0-525-56647-2
    $0.99 US
    Ebook
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  • The Freedom to Be Free
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    From Thinking Without a Banister
    Hannah Arendt
    978-0-525-56659-5
    $0.99 US
    Ebook
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  • Election Night 2016
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    From Dark Money
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    978-0-525-56660-1
    $0.99 US
    Ebook
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    Robert Paxton
    978-0-525-56666-3
    $0.99 US
    Ebook
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    from The Righteous Mind
    Jonathan Haidt
    978-0-525-56668-7
    $0.99 US
    Ebook
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    Ronald Reagan
    978-0-525-56679-3
    $0.99 US
    Ebook
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    A Short Story
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    $0.99 US
    Ebook
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    Anne Tyler
    978-0-525-56507-9
    $0.99 US
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    Martin Walker
    978-0-525-56453-9
    $0.99 US
    Ebook
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    May 15, 2018
  • A Clean, Well-Lighted Place
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    978-0-525-56274-0
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    Ebook
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  • The Pentagon Papers
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    Making History at the Washington Post
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  • An Illness Caused by Youth
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    978-0-525-43662-1
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    Ebook
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    978-0-525-56237-5
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    Because Our Fathers Lied
    from The Living and the Dead
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    978-0-525-56239-9
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  • A Federal Offense
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  • By the Rule
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  • On the Banks of the Ya Crong Poco River
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  • The 1964 Election and Its Aftermath
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    Ebook
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    Jan 24, 2017
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    $0.99 US
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    Oct 04, 2016
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    Oct 04, 2016
  • The Obama White House and the Supreme Court
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    Oct 04, 2016
  • Can't We All Disagree More Constructively?
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  • The Paranoid Style in American Politics: An Essay
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    978-1-101-97429-2
    $0.99 US
    Ebook
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    978-1-101-97311-0
    $0.99 US
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    $16.00 US
    Paperback
    Vintage
    Jan 22, 2013
  • Revolutionary Founders
    Revolutionary Founders
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    Ray Raphael
    978-0-307-45599-4
    $16.95 US
    Paperback
    Vintage
    Apr 17, 2012
  • The Complete Idiot's Guide to the Founding Fathers
    The Complete Idiot's Guide to the Founding Fathers
    Eavesdrop on the Great Mind and Debates That Shaped Our Democracy
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    $11.99 US
    Ebook
    Alpha
    Apr 05, 2011
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