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Constitutional Essays

Constitutional Minute essays by Gary R. Porter, a constitutional scholar and Director Emeritus of the Constitution Leadership Initiative inc., shared with Of the People. Choose a topic to read essays from this 2021–2025 series.

  • Interpreting the Constitution

    How the Constitution should be read, original meaning versus a "living" document, and how each approach shapes courts, lawmakers, and candidates.

  • Natural Law and Natural Rights

    The idea that rights and law come from a source higher than government, drawn from the Declaration of Independence, the founders, and thinkers like Blackstone and Locke, and how that idea relates to the Constitution.

  • Bill of Rights and Individual Rights

    Why the Bill of Rights was added, what it protects, and why it matters, including a right-by-right walk through its provisions.

  • First Amendment: Speech, Assembly, and Petition

    The rights to speak, publish, assemble, petition, and protest, with their history, limits, and modern disputes.

  • Religion and Church-State

    The Establishment and Free Exercise clauses, the "wall of separation," landmark court cases, the Johnson Amendment, and religion in American public life.

  • Second Amendment and Self-Defense

    The right to keep and bear arms, its roots in self-preservation and militia history, key Supreme Court decisions, and the gun-control debate.

  • Fourteenth Amendment and Incorporation

    The amendment's history and clauses (citizenship, due process, equal protection, disqualification) and the doctrine that applied the Bill of Rights to the states.

  • Federalism and Enumerated Powers

    The balance between national and state government, the limits on delegated powers, and the meaning of the Tenth Amendment.

  • Powers of Congress

    What Article I does and doesn't allow, including the general welfare and commerce clauses, and Congress's relationship to the courts and the executive.

  • Separation of Powers and the Presidency

    Checks and balances and the scope of presidential power, including executive orders, emergency and war powers, immunity, and how the office has grown.

  • The Judiciary

    The role and limits of the courts, judicial review and activism, how judges are appointed, and Supreme Court controversies.

  • Elections and Voting

    How Americans choose their leaders, including the Electoral College, the national popular vote debate, contingent elections, voting laws, recall, and contentious elections in history.

  • Amending the Constitution

    Article V's two amendment routes, the debate over an Article V convention, whether to repair or replace the Constitution, and Virginia's amendment process.

  • Tyranny, Resistance, and the Lesser Magistrate

    The founders' warnings about tyranny and the idea that lower officials may resist unjust higher authority, including the Kentucky and Virginia Resolves.

  • Civic Engagement and Choosing Candidates

    Practical guidance for informed voters, including questions to ask candidates for federal, state, and local office.

  • History and Civic Education

    The founding era, how the Constitution came to be, and the state of civic literacy, from the 1619 Project to profiles of the founders.

  • Rights of the Accused and Criminal Justice

    The protections in the 4th through 8th Amendments, including searches, grand juries, double jeopardy, self-incrimination, due process, trials, counsel, bail, and punishment.

  • Property Rights

    Constitutional protection for private property, including takings and eminent domain, and the Kelo case.

  • Education and the Constitution

    Whether the Constitution guarantees an education, and how American education developed from colonial times to today.

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