The Politically Incorrect Guide to the Constitution (Politically Incorrect Guides) (The Politically Incorrect Guides)

Kindle Edition
274
English
N/A
N/A
10 Jun
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 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 to the Constitution, Professor Kevin Gutzman 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.
  • Slid from the Constitution's republican federal government, with its very limited powers, to an unrepublican "judgeocracy" with limitless powers.
  • 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.
  • 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 to the Constitution is an important step in that direction.

 

Reviews (173)

Must read for anyone interested in law, politics, or American history

First, it's important to note that the PIG series seems, on its face, to be less-than-serious efforts at deep thought. The title and styling of these books may lead some to believe that they are less "academic" in nature. But that would be a grave mistake for anyone to make, especially in this case. The author of this particular book is decidedly deserving of the term "expert" in the two categories primarily addressed in this book (he holds doctorates in both history and law and is widely published) and knows the subject matter possibly better than anyone alive. In light of that, this is an important book in many regards, but specifically on the three subjects listed in my title. In regards to law, the author explains how little historical knowledge is possessed by most law school graduates, which greatly affects how they interpret the Constitution. This impacts the political process, indirectly due to the number of politicians who are law school graduates, and directly by grossly coloring the lenses of people's glasses regarding their views of what is and is not Constitutional. The cure for this is, of course, an actual look at what the Constitution meant to those who ratified it and where (and why), exactly, those views fell out of favor in a historical analysis. This is not heavy reading in that it does not require tremendous intelligence to digest, but it is heavy in terms of implications. If the author is correct -- and we have no reason to believe he is not -- then most of those in political power in our country have a view of the Constitution that is not only flawed, but almost upside down in its understanding. I'd like to suggest that people like Pelosi, Schumer, et al read this book, but I also know that I might as well as for a unicorn for my birthday as expect them to understand what the Constitution actually means. For now I will just recommend it to friends and students and hope for the best.

Less ignorant now and gratefully so

Wow, the more I read the more I realize I don't know lots. It makes sense that our kids don't know about their history and their parents as well seem to not know the role that they are responsible to play because the the school system failed them purposefully. The key thing to this book is that the Supreme Court has taken the States power over and over again for many years and it is so common that they are not even questioned about the gross misuse of power; the people are unaware that it is our job to do this and so their kids will inherit a US that wants them to hate it so the globalists will then control them and sneak in socialism which will not live up to its promises. It is also important to note that the lawyers are taught the constitution based upon the Supreme Court Justices who have grossly misused their power and they use historical judgements that have trampled upon our constitutional rights. They are taught to see this is a normal thing and even that it is a good thing and perhaps don't really see what is at stake or don't relish what we have as a form of government and our society and liberties that all come from what now is seen as an old funny pages in a heap of worthless papers. We can teach the kids how to enjoy being a part of something bigger than a selfish self by restoring these divine rights and this book opened my mind to how I didn't know these Justices have been greedily power grabbing and the effects that it has caused. Great book

Should be a gift to anyone you know who wants to understand the real Constitution.

Dr. Gutzman tells the true history and meaning of the effort to and ratification of the present Constitution. As opposed to the 8th grade version in about every book, he dares to tell that the Philadelphia Convention was of questionable legal authority, met in secret, barred its members from discussing any matter that went on, and even has forthrightness to explain how some of the Framers said one thing in the convention and other thing in public during the ratification debates. Shocking, some (Hamilton) lied. I have only heard one other scholar besides Dr. Gutzman explain that the 14th Amendment was not properly adopted, my old professor, the late Dr. Forrest MacDonald. I especially appreciated his section on the so-called "Federalist Papers" in which he explained that they had nothing to do with getting the Constitution ratified, even in New York as the voting was done by the time half came out. Next to the Bible, most traditional conservatives regard the "Federalist Papers" as sacred. Actually, they are good to have as they document Alexander Hamilton's lies and fraud. This book is for everyone from maybe a 10th grader to adults and is a must for lawyers and judges, who do not learn the Constitution in law school, they learn "constitutional law" which is the law according the the Supreme Court-bogus, in other words.

Nearly worthless

The author is so contrarian that he does not hesitate to contradict himself. He has that typical Libertarian habit of deriding the US Constitution when it's convenient and then bewailing any deviation from it when it suits his purposes. He anguishes over the fact that the Federalist Papers are ignored in Constitutional Law courses and then spends the rest of the book complaining that people insist on reading such useless bunk. Many of the Politically Incorrect Guides are great reads and informative. This book isn't one of them.

A Book About How Judges and Politicians "Ignore" The Constitution

An interesting read for someone new to trying to understand the US Constitution, but the author really wants to complain about how judges and politicians "ignore" and "misinterpret" what the author claims is the correct (meaning "his") interpretation of what the Founders and Founding Generation intended. The truth is, they couldn't agree on what they wanted, they just knew the Articles of Confederation weren't up to the task of nationbuilding. The author even claims many Founders didn't want to build a nation, which is true when it comes to people like Patrick Henry. But Henry didn't carry the day in his attempt to defeat the 13 colonies' willingness to give their new Constitution a try. We are still working on implementing its concepts. Unlike the author, I don't think America will ever stop interpreting these late 19th century precepts to the needs of a changing world and country. At least, I hope not.

An important and decidedly non-partisan review of our historical failure to heed the Constitution.

One of the most glaring deficiencies in our federal government today is it's complete disregard for the set of rules that should govern its behavior, limiting its power and scope: the Constitution. Today, it's unpopular to say government isn't the best solution to our country's deep problems. But Gutzman, like a man willing to state publicly that he likes the music of Van Halen with Sammy Hagar singing lead, is willing to tell the truth even when it goes against the grain. Perhaps if we'd heeded the Constitution in the first place and the Federal Reserve had never been unconstitutionally created, Alan Greenspan wouldn't have been able to set artificially low interest rates in the early 2000s, extending the life and size of a financial bubble that desperately needed deflating, regardless of the inevitable pain to financial markets. Perhaps too, quasi-government agencies like Fannie Mae and Freddie Mac wouldn't have existed or been forced to make home loans to unqualified borrowers. The benefits to our country of adhering to the Constitution would be real and immediate and few people have the courage and thoughtfulness to articulate that point as clearly as Gutzman does in this book. I rate the book four stars, instead of five because of my firm belief in the sanctity of freedom, civil rights and liberty. As Gutzman rightfully points out, consistent application of the Constitution doesn't automatically lead immediately to greater freedoms. He refers specifically to the specious judicial legerdemain of the Supreme Court regarding civil rights. While it has brought more freedom to some in our country, it did so by blatantly usurping powers the Constitution clearly leaves to the states or individual citizens. I think civil rights is an important enough facet of American society for Gutzman to then explain how it could have been achieved with Constitutional legitimacy. While I'm sure Gutzman addresses this point in other writings, I think it should have been quickly addressed here. It's great to read such an impartial call for the application of our Constitution as its ratifiers intended it. Gutzman points out many historic examples of both parties abusing the Constitution when it served their needs. I highly recommend this book. Adherence to our Constitution would have helped us avoid many of our nation's current problems, and excitingly, can still help us find our way back onto the right track. Better?

Great resource

I found this book fascinating my first read through, but it's even more handy as a resource at my fingertips when questions arise. This would be an excellent gift for any highschooler or college student, but I think everyone could benefit from having a copy of this to read and refer back to. You'd be surprised how well it settles debates, and if you read it prior to getting into those debates, you will also have the satisfaction of being on the winning side.

Great book to teach children and new citizens !

Great book that every patriotic American should read! This book will reignite that flame for all patriots and those who don't know our history!

I highly recommend this book to all American citizens (and others who ...

Very informative! I'm still reading it and learning about the history of our Constitution and the positions of the framers, signers, delegates, early judges, etc. I highly recommend this book to all American citizens (and others who may be interested in our country).

Fantastic Informative a must read by all citizens!!

Simply outstanding factual, fun, and very informative read. Should be read by all as it is the basis, albeit slowly eroding, for the highest law of the land. How it came about and was discussed and finally ratified and when by the colonies/States is a great read. Why we have a "Bill of Rights" or the first 10 amendments, why they were enumerated goes back to compromises made and clarity of wording needed to guarantee our right. The actual Constitution is a few pages. This book will give you insight into what it means and how it came about.

Must read for anyone interested in law, politics, or American history

First, it's important to note that the PIG series seems, on its face, to be less-than-serious efforts at deep thought. The title and styling of these books may lead some to believe that they are less "academic" in nature. But that would be a grave mistake for anyone to make, especially in this case. The author of this particular book is decidedly deserving of the term "expert" in the two categories primarily addressed in this book (he holds doctorates in both history and law and is widely published) and knows the subject matter possibly better than anyone alive. In light of that, this is an important book in many regards, but specifically on the three subjects listed in my title. In regards to law, the author explains how little historical knowledge is possessed by most law school graduates, which greatly affects how they interpret the Constitution. This impacts the political process, indirectly due to the number of politicians who are law school graduates, and directly by grossly coloring the lenses of people's glasses regarding their views of what is and is not Constitutional. The cure for this is, of course, an actual look at what the Constitution meant to those who ratified it and where (and why), exactly, those views fell out of favor in a historical analysis. This is not heavy reading in that it does not require tremendous intelligence to digest, but it is heavy in terms of implications. If the author is correct -- and we have no reason to believe he is not -- then most of those in political power in our country have a view of the Constitution that is not only flawed, but almost upside down in its understanding. I'd like to suggest that people like Pelosi, Schumer, et al read this book, but I also know that I might as well as for a unicorn for my birthday as expect them to understand what the Constitution actually means. For now I will just recommend it to friends and students and hope for the best.

Less ignorant now and gratefully so

Wow, the more I read the more I realize I don't know lots. It makes sense that our kids don't know about their history and their parents as well seem to not know the role that they are responsible to play because the the school system failed them purposefully. The key thing to this book is that the Supreme Court has taken the States power over and over again for many years and it is so common that they are not even questioned about the gross misuse of power; the people are unaware that it is our job to do this and so their kids will inherit a US that wants them to hate it so the globalists will then control them and sneak in socialism which will not live up to its promises. It is also important to note that the lawyers are taught the constitution based upon the Supreme Court Justices who have grossly misused their power and they use historical judgements that have trampled upon our constitutional rights. They are taught to see this is a normal thing and even that it is a good thing and perhaps don't really see what is at stake or don't relish what we have as a form of government and our society and liberties that all come from what now is seen as an old funny pages in a heap of worthless papers. We can teach the kids how to enjoy being a part of something bigger than a selfish self by restoring these divine rights and this book opened my mind to how I didn't know these Justices have been greedily power grabbing and the effects that it has caused. Great book

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