The Constitutional Commentary We Need
There’s a familiar lament among constitutionalists—one heard at law schools, in courtrooms, and across think tank hallways—that most Americans know next to nothing about the nation’s founding document. Ask a random college graduate about the Emoluments Clause or the Compact Clause and you’ll get a blank stare. Yet even among lawyers and judges, constitutional knowledge is often shallow, piecemeal, or warped by ideology.
What’s been missing is a single, reliable, readable, and comprehensive reference work that explains what the Constitution actually says, what its words meant to those who wrote and ratified them, and how those meanings have been interpreted over time
Enter The Heritage Guide to the Constitution, now in its third edition and more indispensable than ever. Originally published in 2005, with an updated edition in 2014, this volume has long been a mainstay for those of us who care about constitutional text, structure, and history. But the new edition isn’t just an update. It’s a major expansion and refinement, reflecting nearly a decade of scholarship, jurisprudence, and debate.
If the Constitution is our civic scripture, this is the annotated commentary you want by your side—with a foreword by former attorney general Edwin Meese and an introduction by Justice Samuel Alito! Kudos to lead editors Josh Blackman and John Malcolm (both friends and professional collaborators of mine).
A Clause-by-Clause Tour of the Founding Document
The Heritage Guide takes a deceptively simple approach: Go through the Constitution clause by clause, article by article, amendment by amendment, and explain what each provision means. But behind that straightforward structure lies a tremendous feat of scholarship. Nearly 120 contributors weigh in, each writing in their areas of expertise. The result isn’t a monolithic treatise but a chorus of informed voices.
Each entry follows a roughly similar pattern: a brief textual explanation, historical background, summaries of significant Supreme Court decisions, and—crucially—a discussion of ongoing interpretive debates. The editors don’t hide the fact that this is an originalist project. As they explain in their introductory notes, the aim is to “provide a neutral and thorough accounting of the Constitution,” and they even structured the essays so that “text, history, and tradition came before judicial precedent.”
That mission matters. In an era when constitutional argument is too often reduced to policy preferences dressed up as law, the Guide insists on starting with the text and its historical context. Take, for instance, the essay on the much-abused Commerce Clause. It reminds readers that “commerce” in 1787 was limited to “selling, buying, and bartering, as well as transporting for these purposes,” and that the Framers granted Congress power over interstate trade precisely to prevent parochial state restrictions, not to license a general federal police power. That alone is a corrective to generations of judicial and academic misinterpretation.
Depth Without Obscurity
One of the Guide‘s greatest achievements is that it manages to be comprehensive without being cumbersome. It’s not a textbook or a law review compendium, but a true reference book—detailed enough for a scholar, clear enough for a curious layman, and practical enough for a litigator. The editors made a deliberate choice to prioritize accessibility. Technical debates are explained without jargon; historical sources are quoted without requiring a graduate seminar to understand them.
That readability doesn’t come at the expense of depth. On the contrary, the entries go far beyond a mere summary. The discussion of the Necessary and Proper Clause, for example, not only quotes McCulloch v. Maryland but shows how Chief Justice John Marshall’s admonition—that the clause allows Congress to choose “appropriate” means, not any means—has been stretched beyond recognition. Likewise, the treatment of the Second Amendment carefully traces the evolution of the right to bear arms from colonial militia laws to District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, showing how recent decisions restore the centrality of individual self-defense that was always embedded in that right.
The Guide also excels in treating underappreciated parts of the Constitution with the same rigor as the headline provisions. Want to understand the Incompatibility Clause, which bars members of Congress from simultaneously holding executive office? You’ll find not just a plain-English explanation but historical anecdotes about early abuses and debates in the First Congress. Curious about the 27th Amendment, the one about congressional pay raises, ratified more than two centuries after it was proposed? The entry is short but illuminating.
A Living Resource for an Unchanging Document
The third edition expands significantly on its predecessors, reflecting not only new Supreme Court decisions but also new scholarship and contemporary controversies. It devotes more space to the separation of powers, executive authority, and federalism—areas where constitutional battles have intensified in recent years. It discusses the two impeachments of Donald Trump and their implications for constitutional norms. The entry on the Appointments Clause notes the ongoing debates over the administrative state, while the treatment of nondelegation quotes Justice Neil Gorsuch’s warning that “if Congress could pass off its legislative power to the executive branch, the vesting clauses, and indeed the entire structure of the Constitution, would make no sense.”
The editors wisely avoid turning the Guide into a polemic, but they’ve also allowed authors to take informed positions. The entry on the Spending Clause critiques the Supreme Court’s permissive approach to conditional federal funding, which has allowed Congress to accomplish through the spending power what it is forbidden to do directly. The analysis of the Equal Protection Clause notes that modern doctrine applies multiple tiers of scrutiny, which deviates from the original question of whether a law was arbitrary. Elsewhere, an essay quotes Justice Hugo Black’s warning that the Court was trying to “save the country from the original Constitution.” These aren’t partisan shots, but sober assessments grounded in history and text.
What’s more, the Guide situates each clause in the larger constitutional design. Again and again, contributors remind readers the Constitution isn’t a menu of isolated provisions but a coherent structure applying enumerated powers. That theme—limited government, carefully balanced—runs through the book like a refrain.
It’s tempting to think of a reference book like this as something only lawyers and judges need. But one of the Heritage Guide‘s virtues is that it belongs on every informed citizen’s shelf. If you’re a journalist covering a court ruling, a student writing a paper, or simply a voter trying to understand what the Constitution says about pardons or tariffs, this is the place to start.
And for those of us who work in law and policy, it’s indispensable. I’ve lost count of how many times I’ve pulled the Guide off my shelf to check the original public meaning of a clause or to see how a doctrine evolved. It’s become a kind of intellectual muscle memory: Before deciding to file an amicus brief, let alone write one, see what the Constitution actually says and why.
The Final Word (For Now)
The Heritage Foundation has always seen itself as a steward of America’s Founding principles, and this book is one of its finest contributions to that mission. In an era when too many view the Constitution as a “living” document to be bent toward whatever policy end is fashionable, the Heritage Guide offers a refreshing alternative: rigorous, sober, historically grounded analysis of the document as it is.
No single volume can settle every constitutional debate, but if you want a reference that will make you smarter every time you open it, this is it. It is, quite simply, the most thorough, useful, and readable guide to our fundamental law available today. And at a time when constitutional literacy has never been more needed, that makes it a civic treasure.
The Heritage Guide to the Constitution is what every serious student of American government—and every citizen who wants to remain free—should own. It doesn’t tell you what to think; it gives you the tools to think constitutionally.
The Heritage Guide to the Constitution: Fully Revised Third Edition
by Josh Blackman, John Malcolm, et al.
Regnery, 880 pp., $59.99
Ilya Shapiro is director of constitutional studies at the Manhattan Institute and author of Lawless: The Miseducation of America’s Elites. He also writes the Shapiro’s Gavel newsletter.
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