The Politically Incorrect Guide to the Constitution

Kevin Gutzman

Jun 2007 · Sold by Simon and Schuster

About this ebook

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.

Ratings and reviews

This book is heavily biased by a very particular sort of conservative ideology, and is inaccurate in many places, and downright dishonest in others. Not ALL bad info. In fact it does relay some good and little-known tidbits. But this is much too inaccurate and unreliable to be an actual SOURCE of info. Any time you read a "nonfiction" book of any type you should be checking their sources. Do not just believe what you read. That includes this review and all the others; you'll notice I've not provided any sources to back up my statements, but neither have any of the positive reviews which are also qualitatively commenting on "factual" aspects of this book. The point being one needs to check, crosscheck, and doublecheck supposed facts before one relies on them. It makes things much more complicated; but the truth IS complicated.

Very informative. Wish there was more of an "action plan" to explain possible solutions to fix the problem(s), however, it does define, very well, what the problem(s) are and how we got where we are.

Jury can aquit for any reason. Juror is above the law. Also JAIL 4 judges - check it out Judges were not originally immune or indemnified when they rule unconstitutionally and unjustly and adverely affect people's lives compromising liberty, property, and sometimes one's very existence.

About the author

Kevin R. C. Gutzman, J.D., Ph.D. is associate professor of American history at Western Conneticut State University. He received his Master of Public Affairs from the University of Texas, his J.D. from the University of Texas School of Law, and his M.A. and Ph.D. in American history from the Univeristy of Virginia. Dr. Gutzman is the author of Virginia's American Revolution: From Dominion to Republic, 1776-1840 and was a featured expert in the documentary film John Marshall: Citizen, Statesman, and Jurist. He has written scores of articles and encyclopedia entries, as well as reviews of books, films, and exhibitions for magazines academic and popular. He lives in Bethel, Connecticut, with his three children.