Constitutional Scholarship

Articles & Constitutional Primers

A comprehensive series of educational articles by Timothy B. Lewis, designed to reacquaint Americans with their constitutional roots and the principles upon which our republic was founded.

These principles are no longer generally taught by our history and political science teachers. The Constitutional Freedom Foundation publishes these articles to provide every American with the knowledge they need to understand, appreciate, and defend their constitutional rights.

Constitutional History

Primer #1

The Constitutional Convention and the Meaning of Liberty

Before considering specific aspects of the Constitution, we must establish its underlying philosophical base by reviewing American history and the founding principles that shaped our republic.

"Individuals entering into society must give up a share of liberty to preserve the rest."

Federalism & The Limitation of Powers

The Federalist Papers, anti-federalist concerns, limited delegated federal authority, and the critical importance of the Tenth Amendment in preserving state sovereignty.

"I consider the foundation of the Constitution as laid on this ground: That 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.'"

— Thomas Jefferson, letter to George Washington, 1791

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Judicial Philosophy

Primer #3

The Proper Role of the Judiciary

Jefferson's warnings about judicial consolidation, analysis of Federalist #78, and why judges should exercise judgment rather than will in interpreting the Constitution.

"The first and fundamental rule in the interpretation of all instruments is, to construe them according to the sense of the terms, and the intention of the parties."

Virtue & Morality: Freedom's Prerequisites

Our founders saw religion as the most powerful civilizing institution which could provide and sustain the moral base upon which our republic was built — and without which it would collapse.

"Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."

The 14th Amendment and Selective Incorporation

How our constitutional form of government was changed so radically without democratic input — and what Jefferson's warnings about judicial consolidation mean for us today.

"The germ of dissolution of our federal government is in the constitution of the federal judiciary... gaining a little today and a little tomorrow, advancing its noiseless step like a thief."

The Commerce Clause and Other Power-Expanding Mechanisms

How the Commerce Clause and other constitutional provisions have been stretched far beyond their original meaning to dramatically expand federal power at the expense of the states.

"To take a single step beyond the boundaries thus specifically drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible to any definition."

— Thomas Jefferson, 1791

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Property & Liberty

Primer #7

Property Rights and the Foundation of Liberty

Tracing property rights through Locke, Blackstone, and the Founders — and why the protection of property is inseparable from the protection of all other liberties.

"Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place."

The Meaning of Justice

Justice is the end of government. Madison warned that there are practical limits to the ability of human law to promote justice — and that ignoring those limits sacrifices liberty.

"Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit."

— James Madison, Federalist #51

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Equality & Law

Article #9

The Meaning of Equality

Examining equality in the Declaration of Independence, equality under law, and the crucial distinction between equality of rights and the dangerous pursuit of equality of outcome.

"Tolerating imperfections is the price of freedom."

The Meaning of Rights

Rights in the Declaration of Independence, rights as God-given and pre-governmental, universality of rights, and the crucial distinction between natural rights and civil rights.

— Frederic Bastiat

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Featured In

Meridian Magazine

Several of these articles were originally published in Meridian Magazine, a publication dedicated to thoughtful commentary on faith, family, and civic life. The Constitutional Freedom Foundation is grateful for their partnership in spreading constitutional education.