Make a Constitution Roll

Many news headlines yesterday triumphantly reported the Supreme Court ruling in the case "Trump v. Barbara," upholding the law that people born in the United States are to be treated as U.S. citizens. In the rush to report this as a "loss for Trump" or a "win for the rule of law," most headlines completely overlook a chilling reality -- this actually was a close decision, and should not have been.

Four of nine Justices ruled (in dissent) that the first sentence of the Fourteenth Amendment of the U.S. Constitution doesn't actually say what it says. It's not a complicated sentence full of legalese. It says:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 

Actually, most of the Constitution is pretty clear in this way, if you've ever made the time to read it. But admittedly, some of it is less so. And with all of that in mind, I'm here to recommend a book -- The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader. (Yes, for some reason, the cover title doesn't exactly match the listed title.)

This book was written by Melissa Murray, law professor and co-host of the podcast Strict Scrutiny. And the book is like getting the chance to sit in on one of her classes. Actually, it's better than that, because the book is very much crafted for the layperson... which, as Murray enthusiastically presents, is exactly who that founding document was intended for.

After a brief introduction, the book presents the Constitution in whole... but then the titular "Guide" begins. Murray goes through the document article by article, amendment by amendment, sometimes even clause by clause, explaining exactly what's going on. At each step, she discusses the history: what was going on at the time that sparked this particular element of the Constitution, and how it was debated at the time. She then walks you through key Supreme Court rulings since, and how they shifted, crystallized, or redefined the meaning over time. In instances where a provision in the document is the subject of modern debate, she details the positions in that debate.

On the podcast Strict Scrutiny, Melissa Murray is a progressive voice whom I happen to agree with a great deal. But on this occasion, I actually appreciate even more that she has set aside any ideological stance (no matter how moral I may find it). This book is methodically even at every turn; it's not dispassionate by any means, very much reflecting the concerns of the Constitution's framers over the decades. But it is a book I think you could give to your "crazy relative on the other side of the aisle" without triggering any alarm bells about propaganda.

If you read this book for yourself, you will come away with a better understanding of the U.S. Constitution -- even if you actually have read the document for yourself (as so many politicians claim to have done, sometimes by pulling out the prop version they carry in their pocket). The Constitution is, most famously, a document of, for, and by the People. But for it to fully fulfill that promise, the People have to know what it says.

Melissa Murray has done her part to help with that. The book may be called The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader -- but another descriptor that might have gone in there is "essential." I give the book an A, and an enthusiastic recommendation.

(Maybe a few clowns on the Supreme Court should pick up a copy.)