A DIY Guide to Understanding the Original Meaning of the U.S. Constitution [VIDEO]

Supporters of expansive government often argue that only experts—lawyers, professors, and judges—are qualified to interpret the U.S. Constitution. This belief is pervasive, with many in power deferring to legal experts when constitutional questions arise. However, this perspective undermines the idea that ordinary citizens can understand and interpret the Constitution.

Michael Boldin, founder of the Tenth Amendment Center, challenges this notion. In a recent episode of his show, “Path to Liberty,” he offers a DIY guide for understanding the original legal meaning of the Constitution without relying on so-called experts. Here’s a summary of his approach.

Step 1: Read the Constitution

The first and most crucial step is to read the Constitution itself. Despite being a fundamental step, it’s not as simple as it sounds. The Constitution is a legal document rooted in 18th-century law, filled with legal terminology and principles that require context to fully understand. Therefore, reading the Constitution is only the beginning.

Step 2: Understand 18th-Century Legal Terminology

To comprehend the Constitution’s original meaning, it’s essential to understand the legal terminology of the 18th century. Words used in the Constitution might have different meanings today. For instance, James Madison emphasized that the meaning of the Constitution should be understood in the context in which it was written. This prevents the text from becoming a “moving target” subject to changes in language and societal assumptions over time.

Step 3: Use Contemporary Dictionaries

Consult dictionaries from the drafting and ratifying period to determine the meanings of specific words. Some recommended sources include:

• Samuel Johnson’s Dictionary of the English Language
• Thomas Sheridan’s Complete Dictionary of the English Language
• Nathan Bailey’s Universal Etymological English Dictionary

These dictionaries provide definitions used at the time the Constitution was written and ratified, ensuring a more accurate understanding of the text.

Step 4: Consult Historical Records and Debates

Understanding the Constitution’s original meaning also involves examining historical records and debates from the ratification period. Key sources include:

• Elliot’s Debates: The debates in the several state conventions on the adoption of the Federal Constitution.
• The Documentary History of the Ratification of the Constitution: A comprehensive collection of documents related to the ratification process, including town and county meeting records, legislative proceedings, convention journals, and personal papers.

These records provide context and insight into the intentions and understandings of the people who ratified the Constitution.

Step 5: Refer to Legal Sources and Theories

Legal sources from the period, such as legal dictionaries and treatises, offer valuable context for understanding the Constitution. Influential works include:

• Giles Jacob’s New Law Dictionary
• Blackstone’s Commentaries on the Laws of England

These sources help clarify the legal principles and doctrines that informed the framers’ and ratifiers’ interpretations of the Constitution.

Step 6: Study the Founders’ Educational Canon

The political and legal philosophies of the founding generation were influenced by various classical and contemporary works. Key authors and works include:

• Montesquieu
• John Locke
• Algernon Sidney’s Discourses Concerning Government

Thomas Jefferson once described Sidney’s work as the best book on government principles founded in natural right. Studying these works provides insight into the foundational ideas that shaped the Constitution.

Step 7: Examine Historical Experiences

The founders’ experiences, particularly under British rule, significantly influenced their views on government. Understanding their historical context and motivations—such as their opposition to standing armies and restrictions on freedom of speech—helps clarify their intentions for the Constitution.

Conclusion: Take Back the Expertise

Understanding the Constitution isn’t as simple as reading the words; it requires background knowledge and diligent study. However, it’s well within the reach of ordinary citizens. By following these steps, anyone can uncover the original meaning of the Constitution and reclaim the expertise from those who would limit its interpretation to a select few.

As Abigail Adams aptly stated, “Learning is not attained by chance, it must be sought for with ardor and attended to with diligence.” This approach to understanding the Constitution empowers individuals to engage with this foundational document meaningfully and knowledgeably.