Pocket Constitutions: America’s Founding Document in Small Print

Question: What do the National Archives, Cato Institute, Government Printing Office, American Civil Liberties Union, American Bar Association, and Heritage Foundation all have in common?

Answer: They each sell their own pocket version of the US Constitution.1

For a document that is usually found behind glass casing in museums and galleries, many have taken advantage of the ability to carry it in their purse, wallet—or better yet—their pocket. The US Constitution is one of the oldest and shortest constitutions in the world.2This brevity comes with significant advantages: it is easily accessible, it could be read before your coffee gets cold, and it could also be mass produced on a large scale. Indeed, as the insights, commentary, and controversies regarding the American Constitution continue to get larger and more sophisticated in the 21st century, this brief 18th century text seems more relevant than ever. But in part, this renaissance is coming in pocket form through the mass production and distribution of pocket US Constitutions.3

American history is dotted with these mini constitutions popping up during times of constitutional significance, but there is not room in this piece for a history of pocket constitutions. Others have attempted to do that for various outlets.4Suffice it to say that the pocket constitution did not come into popularity until the mid-20th century,5but that since its arrival, it has been used symbolically in some prominent forums. Justice Hugo Black carried a version with him and used it frequently on and off the bench,6Senator Sam Ervin often brandished a copy during the Watergate investigations,7and Khizr Khan upheld a copy at the 2016 Democratic National Convention to rapturous applause.8Some claim even more profound implications stemming from the publication and dissemination of these important documents. Perennial House candidate Lily Tang Williams describes how a pocket US Constitution was what “forever changed” her life and led her out of Communist China and into the United States.9The pocket constitution has been embraced by a wide array of political figures and organizations within the United States. The Republican-leaning Tea Party movement prominently used the documents during the presidency of Barack Obama.10However, the tide has turned, and it is now Democrats that currently employ the power of this small but mighty document to protest the latest actions and policies of President Trump.11

Seven cases have also arisen over the past couple decades where pocket constitutions were involved or referenced. Six of these came from federal courts12and one case arose in the state of Wisconsin.13Perhaps the most famous of these was the one from the DC Circuit, in which Joseph Antony Caputo climbed over the White House fence on Thanksgiving Day in 2015 but was quickly apprehended.14Caputo was using an American flag as a cape and had a pocket constitution on him.15These cases demonstrate that, although relatively limited, courts have seen pocket constitutions come into focus at times in recent years.

This article chronicles some of the features regarding the rise of pocket constitutions in the US. The phenomenon is interesting given how readily accessible these items have become over the past decade, and how their style, presentation, and contents have changed shape throughout the years. Additionally, it is a development that legal scholars have seemingly ignored or given very cursory attention to.16This piece begins by looking at the presence and availability of pocket constitutions, then moves onto the style and content of these documents and then discusses some implications for a more widely accessible version of the US Constitution.

Some organizations have been instrumental in the production and distribution of pocket constitutions. The Cato Institute is one of them. They began publishing a branded Cato version in 1998, and from that point forward have distributed over 8 million copies.17They have sent copies to federal judges, members of Congress, state legislators, student groups, and even to delegations of international visitors.18They have also produced Spanish-English and Arabic-English versions for over two decades, and the organization has a long history of politicians displaying Cato-branded pocket constitutions in photo ops and interviews.19A single copy costs $4.95, and there are discounts for larger orders.20

The beginning of this piece demonstrates the wide availability of pocket constitutions among organizations that are affiliated with the left and right, in addition to those available through official state channels, such as the Government Printing Office (GPO) and the National Archives. Many of these editions can be bought for a meager $1 or $2.21The official version provided by the Government Printing Office is $2.22However, there are options on the slightly more expensive side. The National Archives sells a dark blue hardcover version that is $9.95,23the ACLU sells a white modern version for $10.00,24and there is a leather-bound version from an independent retailer that goes for $19.25The Smithsonian also sells a leather-bound version in black or red that goes for $30.00,26which is on the high side. Other bespoke versions can be found on various websites like Etsy, which can run up to $60.00.2

That pocket constitutions are readily available will not surprise anyone. However, the way some organizations provide such constitutions are unique. Hillsdale College provides a free copy for anyone that wants it, and in December 2022, they surpassed distributing over three million copies nationwide.29A number of universities supply pocket constitutions to students on particular days, such as on Constitution Day or even on enrollment day.30Indeed, University versions are often branded: the James Madison University copies are in school colors, and emblazoned with a JMU symbol at the bottom.31Some congresspersons also give them away as long as you fill in an online form.32

Many organizations and independent retailers sell or give away pocket constitutions in bulk. A number of providers specialize in this,33and some will distribute them in bulk if you are using them for educational purposes.34For instance, the Bill of Rights Institute gave away over 200,000 free copies in 2024.35Interestingly, some organizations even have tailored packages for those that would like to meet up and discuss the US Constitution. The organization,Moms for Liberty, sells a “Madison Meetup Package” for $30 that contains: a copy ofHow to Read the Declaration of Independence and Constitutionby Paul B. Skousen, ten pocket constitutions, and aMoms for LibertyBrochure Guide.36

Above, I have attempted to catalog some of the common and unique places that people can either purchase pocket constitutions or acquire them through some form of consent (e.g., agreeing to email communications or newsletters) or membership (university student, advocacy organization, etc.). Below, I get into some of the unique features of pocket constitutions, tracing the evolution of these documents from version 1.0 to version 2.0. Pocket constitution version 1.0 tends to be uniform and dignified, while version 2.0 tends to be branded and stylized.

Some of the original pocket constitutions were august and quite elegant looking documents. Many of them had dark blue or crimson covers with gold or silver lettering.37In some cases, even the pages often contained gilded edges of gold and silver.38Many of these older style pocket constitutions have just lettering on the front, detailing the contents (e.g., “The Constitution of the United States of America with the Declaration of Independence”).39These were the types of pocket constitutions that Senator Sam Ervin,40Senator Robert Byrd, and Representative Dennis Kucinich used to carry around with them and occasionally use during interviews and questioning.41This 1.0 version may look like some of the below pictures:

Figure 1: Examples of Version 1.0 Pocket Constitutions42

Generally, the covers look historic and reverential in order to match the contents. Additionally, for these versions it is almost impossible to tell who was printing or distributing the pocket constitution by looking at the covers. If there was a provider listed on the front or back, it was usually subtle.43Under pocket constitution 2.0, much of this style has changed.

The pocket constitution that Khizr Khan held up at the 2016 Democratic National Convention was different from the 1.0 version.44Although you can still find some of the classic pocket constitution styles around,45many of the 2.0 versions contain different features. Gone are the gold and silver letters and gilded edges of pages.46Many are now stylized and personalized.47Some, such as those from the Heritage Foundation and the ACLU (Figure 2), have the provider labels on the front cover, so readers know exactly which organization is providing their pocket constitution.

Figure 2: Heritage Foundation and ACLU Pocket Constitutions48

These branded versions appear to be used to demonstrate that an organization contains expertise on the US Constitution. But not always. EvenPenguin Bookshas gotten into the pocket constitution business, adding a US pocket Constitution to the “Penguin Little Black Classics” series.49It may be no coincidence that this version came out in 2017, just a few months after the pocket constitution was raised by Khizr Khan at the Democratic National Convention in relation to opposition of Donald Trump.50This was followed by a flurry of activity towards pocket constitutions: the document shot up the Amazon best-seller list,51and Trump opponents repeatedly taunted him on the campaign trail with it.52The black and white Penguin version looks really sleek:

Some of the classic versions have changed in appearance or added 2.0 features. For instance, the National Archives version contains striking red and white pages on its inside covers, complete with the words “We the People” (Figure 4). Even the official Government Printing Office version has gone for a 2.0 cover, harnessing red, white and blue rather than gold or silver (Figure 5). The less sleek American Bar Association (ABA) version looks similar, incorporating the American flag above a hand-written copy of the Constitution (Figure 5). Finally, theBill of Rights Institutehas gone with a blue and white theme, with a branded logo at the bottom (Figure 5).

Figure 5: Government Printing Office, ABA, and Bill of Rights Institute Pocket Constitutions55

The content included in pocket constitutions has also changed in the 2.0 version. Although all pocket constitutions I found contain the original text of the US Constitution, the supplementary material can vary considerably.56The comparatively expensive National Archives version ($9.95) is the only one I found that includesjustthe text of the Constitution and the 27 amendments.57It does not contain any quotations, introduction, or any other founding document, such as the Declaration.58This is unique, especially during times of pocket constitution 2.0, which often include supplementary features beyond the text of the Constitution to attract readers.

The vast majority of pocket constitutions also include another major foundational document, such as the Declaration of Independence. There are even some, such as the East India Company version, that contain the Articles of Confederation.59Several pocket constitutions include quotations from the founding fathers or other famous individuals, such as Supreme Court Justices and Presidents.60The 25th edition from the Government Printing Office contains quotes from George Washington, Warren Burger, John Marshall, Alexander Hamilton, and Benjamin Franklin.61Many of the versions available also include the signatories for the foundational documents.62

Other 2.0 versions tend to include material tied to that particular organization or that the organization seeks to promote. One unique insert that I saw comes from the American Constitution Society, who supplies a version that contains the Gettysburg Address.63While Lincoln’s famous speech is often found in books that contain a wider selection of prominent speeches and other writings, it is unusual for a pocket constitution to include it. But that was far from the most unique material found. The ACLU pocket constitution includes a section on “What to do if you’re stopped by the police.”64The version from ConstitutionFacts.com contains a selected list of proposed constitutional amendments, including an 1876 attempt to abolish the US Senate and an 1893 attempt to abolish the Army and Navy.65This version also contains facts about the Supreme Court, an explanation of how a case reaches and proceeds at the Court, and a selection of 20 landmark SCOTUS cases.66Going a bit further afield, the American Family Association Cultural Institute version comes with a foreword on “Christianity and the Constitution” by Stephen McDowell.67

Finally, I wasn’t lying in the opening paragraph of this article when I said that some current pocket constitutions could fit into your wallet. Etsy sells a “Wallet Sized Pocket Constitution” for $9.99 that contains the entire text, including all 27 amendments, printed on a card that will fit into any card case.68Although you may need a magnifying glass to read it, at least most people will be able to make out the majestic first three words: “We the People.”

Overall, pocket constitution 2.0 has certainly changed in appearance and content. It is often now branded, more personalized to the organization or distributor, and there is a greater variety of covers available. The latter tend to be more contemporary looking, as a variety of patriotic images now adorn covers and the traditional gold and silver lettering has been replaced with red, white, and blue. In terms of content, it is highly unusual to merely have the text of the Constitution included. Most likely other founding documents or unique founding materials will be included, and there is a good chance that an introduction or commentary on the Constitution will adorn current versions.

Some curious implications arise from this brief study into the availability, style, and content of pocket constitutions. Two of the items that jump out are the partisanship ramifications that may result from version 2.0 and the rampant veneration and idolatry of the US Constitution found in many versions.

One of the most interesting aspects of pocket constitutions over the past couple decades has been how political losers on both sides of the aisle have embraced the document and used it while in opposition. After President Barack Obama was elected in 2008, a movement called the Tea Party began and played a key part in the Republican Party’s opposition efforts.69One of their central messages was “defending” the Constitution, and its members could often be seen reading from pocket constitutions and advocating the text of the document.70A similar response came during President Trump’s election in 2016:71the left embraced using the document as a protest symbol against the current administration, something that continues to this day.72In both cases the political opposition believed the Constitution was under threat from the current administration.73This idea that the US is moving away from its constitutional ideals, that it needs to stick to the text of the Constitution, and that following the Constitution will lead to potentially better outcomes has been a common theme embraced by political losers on both sides of the aisle, as they grasp for the (pocket) Constitution after electoral defeat.74

Pocket constitutions can sometimes cause controversy, and not just on the campaign trail or in Senate Committee rooms. This is especially the case with pocket constitution 2.0, which contains more explicit details of the provider organization and can also contain more organization-focused content, including introductions or expositions on the Constitution that may be one-sided or contain controversial views.75Recent distribution of pocket constitutions to schools in various locations has caused controversy, mostly because of what is contained in the version provided. Such controversies have erupted over the past few years in Missouri, Texas, and Florida.76In some cases it was the organization Moms for Liberty, mentioned above, that provided the free copies.77The branded nature of the pocket constitutions being distributed to schools was the main issue in many of these cases.78

If someone is reading a version of the pocket constitution from Moms for Liberty that contains an introduction or foreword that other versions do not contain, then they may take away a different view of the Constitution. This is not least because of the unique introductions or prefaces that some versions have, but also because some branded versions promote their organizations inside,79which may lead readers to connect with these organizations more deeply. And while many of the organizations producing and distributing these pocket constitutions hope that citizens will engage with the document and learn its contents,80decades of constitutional haggling has taught us that the meaning and interpretation of the Constitution can vary widely, especially among those most familiar with its content, history, and operation.81

It may be unsurprising that veneration and idolatry of the US Constitution is found within the various versions of the pocket constitution. After all, these same features have been found in many facets of American life throughout the years.82

But when it comes to pocket constitutions, the constitutional fetishism can go into overdrive. A few examples bring this point home. The pocket constitution from ConstitutionFacts.com states, “Get to Know the Most Important Legal Document Ever Created!”83Similarly, in his foreword to the pocket constitution provided by American Family Association, Stephen McDowell notes that it is “perhaps the most important document ever written for the benefit of mankind other than the Bible” and also reminds readers that the Framers “declared that its formation and ratification were a miracle of God.”84The Cato Institute’s preface by Roger Pilon notes that the Declaration and the Constitution “address mankind’s most basic political questions,” “transcend both time and technology,” and “will serve us well as we move through the 21st century.”85And the introduction to Hugo Black’s pocket constitution by Steven Suitts reminds us that Black “cherished every word” of the document and considered it his “legal bible.”86Suffice it to say that this type of effusive language is ubiquitous in many versions of the pocket constitution.

In a book celebrating an important legal document and the founding of a nation, the veneration located in pocket constitutions may be unsurprising. Of course, it may also have to do with pocket constitutions usually being a sale item, and from organizations trying to further promote their own brands and expertise on the Constitution. But there are certainly implications of this veneration that may stretch beyond an increasing familiarity with the document, such as an unwillingness to amend a document that may be a “miracle of God,”87or “the most important legal documents ever created.”88

There is a curious irony regarding the evolution of pocket constitutions and the development from version 1.0 to 2.0: while these items may be as popular as they have ever been, the Constitution itself lies in a precarious position. The previous self-proclaimed constitutional torchbearers have become indifferent to the document, whereas the longstanding hyper-critics of the Constitution have come to embrace it.89This situation sits awkwardly in both camps.

On the right the Constitution has been highly valued, as has been demonstrated in recent decades by the prominent place of textualist and originali