After a powerful speech by Khizr Khan at the Democratic National Convention, sales of pocket U.S. Constitutions have skyrocketed, becoming the second best selling book on Amazon. This is great! But the words of the Constitution are unsufficient to provide an understanding into how it has been applied by the courts over the last two centuries. That’s where the Constitution Annotated comes it.
The Constitution Annotated (aka CONAN) is a plain language explanation of the U.S. Constitution as interpreted by the U.S. Supreme Court. Published by the non-partisan Congressional Research Service at the direction of Congress, CONAN provides insight into the meaning of our founding document. It also is available online as of 2013 and can downloaded as an app for your phone (iPhone) (Android is under development).
Unfortunately, there are flaws with CONAN — not the content, but how it’s made available to you. First, CONAN is published as PDF files, which makes it all but unreadable on your phone. The app is virtually worthless. Blast. Second, while CONAN is continuously updated by the folks at CRS, what’s available on the website and the app is not. Information can be a year or more behind recent court opinions. This is a travesty, especially when the information is readily available on the congressional intranet and the document is prepared in a format that allows for immediate updates.
We’ve been trying to fix this problem. Believe me. I’ve written about this at least once a year for eight years (2009, 2010, 2011, 2012, 2013, 2014), usually on my birthday, Constitution Day. And I’ve lobbied on it. We did finally get CONAN published online, after an enormous effort which resulted in this letter from the Senate Rules Committee to the Government Publishing Office. But CONAN still is not being published online as it is updated, and it’s still not published in a format that would support an app or sophisticated website.
As a result, people are reading highly-biased interpretations of the Constitution instead of the legal treatise that by law must be evenhanded and impartial, and is paid for by your tax dollars.
Maybe the Senate Rules Committee, the Government Publishing Office, and the Library of Congress will move to make the Constitution Annotated available online, in real time, and in a format that human and computers can use. At a moment with so many people are interested in the Constitution, Congress should make sure that everyone has access, electronically and otherwise.