The Politically Incorrect Guide(tm) to the Constitution
Author: Kevin R. C. Gutzman
From the Inside Flap
The Constitution of the United States created a representative republic
marked by federalism and the separation of powers. Yet numerous federal
judges--led by the Supreme Court--have used the Constitution as a blank
check to substitute their own views on hot-button issues such as
abortion, capital punishment, and samesex marriage for perfectly
constitutional laws enacted by We the People through our elected
representatives.
Now,
The Politically Incorrect Guide(tm) to the Constitution shows that
there is very little relationship between the Constitution as ratified
by the thirteen original states more than two centuries ago and the
"constitutional law" imposed upon us since then. Instead of the system
of state-level decision makers and elected officials the Constitution
was intended to create, judges have given us a highly centralized
system in which bureaucrats and appointed--not elected--officials make
most of the important policies.
In The Politically Incorrect
Guide(tm) to the Constitution, Professor Kevin Gutzman, who holds
advanced degrees in both law and American history:
* explains
how the Constitution was understood by the founders who wrote it and
the people who ratified it * follows the Supreme Court as it uses the
fig leaf of the Constitution to cover its naked usurpation of the
rights and powers the Constitution explicitly reserves to the states
and to the people * shows how we slid from the Constitution's
republican federal government, with its very limited powers, to an
unrepublican "judgeocracy" with limitless powers * reveals how huge
swaths of American law and society were remade in the wake of Supreme
Court rulings * reveals how the Fourteenth Amendment has been twisted
to use the Bill of Rights as a check on state power instead of on
federal power, as originally intended * exposes the radical
inconsistency between "constitutional law" and the rule of law *
contends that the judges who receive the most attention in history
books are celebrated for acting against the Constitution rather than
for it
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(tm) to the Constitution is an important step in that
direction.