While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida’s presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it’s the Constitution.
Author and law professor Kevin Gutzman shows that there is very little relationship between the Constitution ratified by the thirteen states more than two centuries ago and the “constitutional law” imposed upon us since then. Instead of the intended system of state-level decision makers and elected officials, judges have given us a centralized system in which bureaucrats and appointed officials make most of the important policies.
The Constitution guarantees our rights and freedoms, but activist judges are threatening those very rights because of the Supreme Court’s willingness to substitute its own opinions for the perfectly constitutional laws enacted by “we, the people” through our elected representatives.
As Professor Gutzman shows, constitutional law is supposed to apply the Constitution’s plain meaning to prevent judges, presidents, and congresses from overstepping their authority. If we want to return to the Founding Fathers’ vision of the Republic, if we want the Constitution enforced in the way it was explained to the people at the time of its ratification, then we have to overcome the “received wisdom” about what constitutional law is. The Politically Incorrect Guide to the Constitution is an important step in that direction.
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"An interesting review of the US Constitution its history, focusing primarily on how Congresses, Presidents and Supreme Courts have ignored its fundamental principal of States having sovereignty over the Federal government, going all the way back to the very first administration."
— David (4 out of 5 stars)
“Although written in a pleasant, accessible style, The Politically Incorrect Guide to the Constitution is the most important introduction to the subject ever written, and one that will challenge and enlighten anyone who reads it. This sweeping review of our Constitution and its history is at once fascinating, infuriating (there are far more bad guys in American history than you thought), and impossible to put down.”
— Thomas E. Woods, senior fellow, the Ludwig von Mises Institute, and New York Times bestselling author of The Politically Incorrect Guide to American History“The Politically Incorrect Guide to the Constitution is an interesting, informative, and funt-to-read romp through American constitutional history from an extremely skeptical point of view. Gutzman argues for a return to the system of limited national government contemplated by the Framers. He has provided in essence a book-length demonstration of the fact that the Constitution has very little to do with constitutional law, meaning that we have moved from a republican form of government to government by unelected, life-tenured judges.”
— Lino A. Graglia, A. Dalton Cross Professor of Law, University of Texas Law School“Very few Americans—and even fewer lawyers, judges, and scholars—understand that the Constitution they revere is not the Constitution bequeathed by the Founding Fathers. Ambition, ignorance, vested interests, the lust for power, false assumptions, distorted judicial postures, and the hard knocks of history have changed it into something never dreamed of by its creators. Few things are more important than for Americans to understand this. Professor Gutzman fearlessly recovers for us what the real Constitution looks like.”
— Clyde Wilson, professor of history, University of South Carolina" It was difficult to get through this one, partly because I disagreed with the author and partly because of his tone. That I disagreed with the author was bad enough, but the way that he disparages the judges on the Supreme Court made it tough to listen to the arguments impartially. "
— Adam, 1/15/2014" This entire line of books is incredibly good, chocked full of information you usually don't find in history books or classes, giving new light to "accepted" history. "
— Donald, 1/2/2014" No holds barred look at the Constitution and the basis for how Supreme Court decisions. "
— David, 11/15/2013" Details the erosion of the Constitution the framers intended through examples of unconstitutional legislation from the executive, legislative, and judicial branches. "
— David, 10/24/2013" Boring! I know the subject matter isn't exactly exciting in itself. The author really bashes the supreme court and the federal government, as these two entities have perverted their power from what the founding fathers originally established with the constitution. "
— Davis, 9/16/2013" I have never learned more within 200 pages! "
— Crystal, 9/16/2013" Outstanding book! Clearly lays out the history of "Constitutional Law" - and the history of the Supreme Court legislating from the bench. An eye opening book! "
— Serge, 1/31/2013" I did not enjoy this book, and decided to give up half way through. Life is too short, and there are too many books in the world. "
— Melanie, 9/25/2012" Well, we still have two senators from each state, even if they aren't chosen for the original reasons. "
— Dale, 7/2/2012" An essential book for students of American history, and most especially students of the Constitution. "
— Bruce, 5/17/2012" This was more of a book on how the judicial branch has become the legislative branch and the states have lost all their original powers. "
— Paul, 4/27/2012" While it does carry some interesting tidbits, it's a clear example of how an author's bias directs their work. "
— Michael, 12/15/2011" An excellent look at the Constitution and how it was supposed to be interrupted. "
— Swampfox, 9/7/2011" Great read! Entertaining, informative, and timely. What good is the constitution unless the Supreme Court adheres to it? "
— Amber, 8/18/2011" A bit slanted at times, but a fascinating read about the early corruption of the Constitutional model so carefully hashed out by our founders. "
— Josh, 5/3/2011" I have never learned more within 200 pages! "
— Crystal, 1/19/2011" I did not enjoy this book, and decided to give up half way through. Life is too short, and there are too many books in the world. "
— Melanie, 1/16/2011Kevin R. C. Gutzman, JD, PhD, received his master’s degree in public affairs from the Lyndon B. Johnson School of Public Affairs at the University of Texas, his JD from the University of Texas School of Law, and his MA and PhD in American history from the University of Virginia. He has published articles in such journals as the Journal of Southern History, the Journal of the Early Republic, and the Review of Politics, as well as over fifty encyclopedia articles and numerous essays in popular publications. He lives in Bethel, Connecticut.
Tom Weiner, a dialogue director and voice artist best known for his roles in video games and television shows such as Buffy the Vampire Slayer and Transformers, is the winner of eight Earphones Awards and is an Audie Award finalist. He is a former member of the Oregon Shakespeare Festival.