Showing posts with label libertarian. Show all posts
Showing posts with label libertarian. Show all posts

Ariel Sharon: An Intimate Portrait Review

Ariel Sharon: An Intimate Portrait
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Ariel Sharon: An Intimate Portrait ReviewThis book is the story of a friendship, between a journalist and a major military and political figure. The focus however is on the life, and most importantly public actions of one of the great leaders of modern Israel, Ariel Sharon. The book traces the career of Sharon from the Israeli War of Independence in 1948 to his final actions as Prime Minister of Israel when on January 2, 2006 Sharon suffered a massive disabling stroke. A short while later Uri Dan himself came down with terminal cancer and passed away before his revered friend.
Dan was for many years accused in Israel of being only a 'yes-man' for Sharon. But that is hardly the case. The book is filled with instances of disagreement in which Dan openly as good friend gave Sharon his critical advice.The greatest difference was in Sharon's decision to make a unilaterial disengagement from Gaza in the summer of 2005. It is interesting that in an earlier section of the book Sharon explains why two of the settlements which were removed were of vital security significance.
The overall story however is not focused on differences of opinion, but rather on cooperative action in service of a cause and ideal - end both Dan and Sharon believed in with all their hearts, the founding and defending of the state of Israel. It is their total committment to this cause which was at the heart of their friendship.
Sharon's deeds are so numerous and legendary that it is difficult to know where to begin to chronicle them. He is of all the great Israeli modern soldiers Dayan, Rabin, Meir Har- Tsion, Avigdor Kahalani the one who is great at at every level of operation. He is the founder of the 101 Unit which combatted Arab terror in the fifties. He was the one who formulated the Israeli battle- orders by which an officer ideally goes forward first always saying 'After me" He illustrated more than one time the principle of not leaving wounded soldiers behind . He was of all the Israeli military leaders the one who truly understood the futility of static defense, the Bar- Lev line, and the one whose turnaround action in crossing the Suez Canal in October 1973 turned an Israeli military defeat into a victory.
Dan was not an armchair journalist but trained specially so as to be able to accompany Sharon on the field of battle. His descriptions of Sharon's control and command , his low sure voice at the most critical moments of battle help explain why Sharon's soldiers so loved and trusted him.
Dan gives a lot of space here to Sharon's controversial part in the First Lebanon War. He makes a strong case that the Kahane commission and Chief Justice Barak did a great injustice in blaming Sharon for what the soldiers of the Phalangists did to the Palestinians. Dan also describes the famous libel suit in which Sharon unprecedentedly won a retraction from the American magazine 'Time'.
Sharon has been not only a major military but a major political figure in Israel. He was instrumental in helping found the Likud which in 1977 became the basis of the first non- Labor party led government in Israel. Dan also tells the story of Sharon's massive election victory over Ehud Barak and his struggle to restore badly damaged Israeli security which had come in the wake of the Oslo process.
Without going into the family story at great length Dan touches upon major events such as the loss of Sharon's first wife , the death in a shooting accident of his eleven year old oldest son. Dan also indicates what was a well- known public fact in Israel Sharon's very successful marriage to Lily who was his principal help and source of support. Though Dan does not speculate upon this many believe that her death from cancer had a deleterious effect on Sharon's political policies.
Insiders , and close- followers of Israeli politics will note certain emphases and omissions in the book. Dan gives great credit to one Sharon adviser Aryeh Genger while saying next to nothing about the person thought to be Sharon's right- hand man in his last few years, Dov Weisglas. Dan does not say much about the role of Omri Sharon and his influence on his father's politics. He mentions without comment Omri's conviction for election- fraud.
The book contains narrative sections interspersed with interviews with Ariel Sharon. In these we again see his fighting spirit, his optimism, his dedication to and concern for the security of Israel, his committment to the Jewish people.
Sharon was by some affectionately and by some pejoratively called in Israel, 'The Bulldozer' He was time and again whether it was in founding the whole settlement movement , or removing Yamit from Sinai the one who could do what no one else would do. Instructively in an early conversation with Ben- Gurion cited in the book, Sharon is asked about Moshe Dayan's appointment as Minister. Sharon says then that he thinks that Dayan is suitable for every position, save one, Prime Minister. And this because Sharon says Dayan tends to avoid taking responsibility. Sharon of course was the opposite of this. He took responsibility and more than responsibility for countless actions taken in the defense of Israel. At times he was ( During the Lebanese War) the most vilified person in Israel.In his last years he was the greatly esteemed leader who would have won reelection in 2006 had he not been incapacitated.
Uri Dan's last words in this book tell about his reaction to the news of Sharon's second and finally disabling stroke. He said that he began to cry and has been crying ever since.
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A Nation of Sheep Review

A Nation of Sheep
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A Nation of Sheep ReviewJudge Napolitano has done it again! With superb clarity he reminds us of the vast chasm between what the United States is and how the United States is meant to be. As in his prior books, the Judge chronicles the step by step erosion of our constitutional rights and now challenges each reader to stand not as a sheep, but a wolf. He also reminds us that the only power that government is to have is that consented to by the governed. If you read only one non-fiction book this year...make it this one!A Nation of Sheep Overview

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Ex America: The 50th Anniversary of the People's Pottage Review

Ex America: The 50th Anniversary of the People's Pottage
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Ex America: The 50th Anniversary of the People's Pottage ReviewGaret Garrett was one of the standard-bearers of the Old Right: the pre-war conservatives who opposed the expansion of both the welfare and the warfare state. In this book, a collection of three long essays, he details powerfully and compellingly the course the United States took to transform itself from a limited, constitutional Republic, into a voracious, insatiable empire, regulating every detail of its citizens' lives at home and thrusting itself into every possible context abroad. This is the most important book I read this year, and it receives my highest recommendation.
Note: This book (without the foreword by Bruce Ramsey) is available for free download on the von Mises website.
The first essay, "The Revolution Was", is the most important in the book. It was written in 1938, and Garrett shows how the Roosevelt New Deal constituted a revolution that overthrew the American form of government. The first two paragraphs are so powerful, I will simply quote them: "There are those who still think they are holding the pass against a revolution that may be coming up the road. But they are gazing in the wrong direction. The revolution is behind them. It went by in the Night of Depression, singing songs to freedom. There are those who have never ceased to say very earnestly, `Something is going to happen to the American form of government if we don't watch out.' Those were the innocent disarmers. Their trust was in words. They had forgotten their Aristotle. More than 2,000 years ago he wrote of what can happen within the form, when `one thing takes the place of another, so that the ancient laws will remain, while the power will be in the hands of those who have brought about revolution in the state.'"
He then goes on to detail the process by which this was accomplished, consciously, fraudulently, and against the will of the people. Roosevelt's platform contained three main planks, things for which he unceasingly criticized Hoover in the first election: (1) a drastic reduction of the size of government, to reduce spending by at least 25%; (2) a balanced federal budget; (3) a "sound currency maintained at all hazards". These were the policies for which he was elected to office. He was a liar and a traitor. Federal spending, government agencies, and federal deficits exploded to previously unimaginable sizes in the first two years of his administration (sound familiar, anyone?). Roosevelt demanded the American people exchange their privately held gold for government bonds that promised to repay in gold, but before that legislation was even passed the legislation was already drafted to default on the promise and seize the American people's gold. Garrett has quotes from Roosevelt's notes that show that he never intended to keep these promises: but he knew what he had to say to get elected. By these steps, and many others, a revolution was accomplished in the American government, and total power was centralized in the hands of an omnipotent federal bureaucracy, the one thing the drafters of the Constitution wanted to guard against at all hazards.
The second essay, "Ex America" examines the policies pursued during and following the Second World War, and especially how Roosevelt, once again lying to the American people and proceeding against their will, aggressively pursued involvement in the war, and was illegally carrying out war measures many months before Pearl Harbor was attacked. He shows how all the changes that had occurred in the last fifty years were effected before the people knew what was happening, when it was too late. The people did not vote for getting into World War I. They elected Wilson in 1916 on the slogan, "He kept us out of war." They did not vote for the New Deal. They elected Roosevelt on his promises of less government, balanced budgets, and sound money. They did not vote for World War II. They elected him again in 1940 on promises that he would keep them out of foreign wars at all hazards. They never voted for the welfare state. They never voted for United Nations. They never voted for a interventionist, meddling foreign policy. All of this was financed by confiscatory taxation, and, more importantly, inflation. But as these changes were effected, one by one, they were accepted with resignation, and there is no going back. Government only grows bigger, never smaller.
The third essay, "Rise of Empire", details the transition from a non-interventionist foreign policy, to imperialism: squandering the people's confiscated wealth on foreign aid in every corner of the world; putting power to declare war into the hands of the President so that we can be plunged into war at any time; subordinating every domestic concern to the militarism required by our new foreign policy of aggression; transforming a huge segment of the economy into war industry; entangling us in an enormous network of satellite nations that have to be continually supported and appeased; and using the environment of fear and war as the excuse for limitless expansion of state power and spending.
All of this is highly relevant now. "The People's Pottage" is a reference to Esau in the Bible, who sold his birthright for a "mess of pottage". Our birthright was freedom, and it was taken away without protest. The reason I believe this books is so important, is that it shows clearly that we did not lose our freedom with the election of Bush, as the leftists think. We did not lose our freedom with the election of Obama, as the neocons think. The Republican and the Democratic parties are the complimentary wings of the same monster: the American empire. The left supports war as long as it can have the welfare state, and the right supports the welfare state as long as it can have war. The result is what we have now, and it hasn't changed in my lifetime, nor is it likely to change before the empire bankrupts itself, as all empires in history have done. It happened long ago. "The Revolution Was."Ex America: The 50th Anniversary of the People's Pottage Overview

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Who Killed the Constitution?: The Fate of American Liberty from World War I to George W. Bush Review

Who Killed the Constitution: The Fate of American Liberty from World War I to George W. Bush
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Who Killed the Constitution: The Fate of American Liberty from World War I to George W. Bush ReviewMessers Woods and Gutzman wrote a provocative book that should be read by Americans who actually care about law-and-order plus individual liberties. This reviewer has noticed that the number of Americans who do care is quite small. The book deals "The Dirty Dozen" cases and instances of abuse of government power, and the authors readily admit that this book could have been exponentially larger. This review will not cover all "The Dirty Dozen" examples which would make the review too tedious. However, the general scheme of the book will be examined.
The first example cited in this book dealt with the arbitrary laws that violated First Amendment rights of Free Speech and Free Press (1917-1918). U.S. authorities could make arrests and prosecutions for the most innocent remarks that could have been construed as critical of U.S. intervention into W.W. I. What was worse,the authors cited examples of official tattle tales who reported on neighbors'comments. As an aside, Messers Woods and Gutzman demolish the statement alleged by Pres. Woodrow Wilson who supposedly expressed regret for agreeing to the Declaraion of War. The authors clearly that the statement was fabricated by Wilson's sycophants who tried to cover Wilson's blunder. The basic constitutional point made my Messers Woods and Gutzman is that the First Amendment clearly states that Congress shall make no law abridging the rights of Free Speech and Free Press. Yet, power hungry political hacks and unthinking Americans accepted all of this with little protest. One should note that the American people are so poorly read and so ready to believe media accounts that such oppressive laws are no longer necessary. The American media folks have so censored themselves that censorship laws are unnecessary. Too many Americans are too immune to truth and reason to notice.
Messers Woods and Gutzman had a good examination of Pres. Truman's attempt to seize American steel mills because labor union leaders wanted more than steel executives were willing to give. Truman's threat was made to curry favor with steel workers and increase wages. The U.S. Supreme Court Justices ruled against the Truman Administration. However, as Messers Woods and Gutzman noted, the ruling was not strong enough. Also they alerted readers that if a President could seize steel mills, he could also seize steel mills or any industry to REDUCE wages.
The chapters dealing with the civil rights cases were carefully researched and clear. The authors show that in an attempt to end discrimination, they only made it worse. School authorities were scolded because of the changing demographics. Civil rights laws which forbade assigning students to schools by race were ignored by federal judges who ordered busing to schools based on race. The consistently flawed federal rulings that changed almost overnight resulted in such confusion that court orders for busing had to end.
The chapter titled The Great Gold Robbery showed an arbitrary U.S. Government whose authorities went after law abiding citizens whose only crime was that they owned gold. This "legal" basis for this decision was that the federal authorities could do this under W.W. I laws about trading with the enemy (Today U.S. defined enemies change as often as one changes shirts). In other words, U.S. citizens who happened to own gold were suddenly enemies. Such arbitrary power needs no further comment.
This reviewer thought the chapter on "The Wall of Separation" was the weakest, but this chapter was still well written. As an aside, this reviewer is not offended if someone has a menorah or a creche on their premises. If Christians wish me a Merry Christmas or Jews wish me Happy Hanukkah, this reviewer is not offended and accepts the statements in the spirit in which such comments are made. If Hindus or Moslems offter greetings, again, such statements are accepted as gestures of good will.
Messers Woods and Gutzman stated that the people in the states should determine public school or any public display of religious symbols. What should have been considered is that some state authorities can use their power to coerce of intimidate those of a different religion. In other words, state authorities can be as oppressive as federal authorities. Too often legal cases reach the courts because, for example, some school official or coach will demean or intimidate anyone who has different religious convictions. However, the chapter has merit because of "overkill" by those opposed to any religious symbols in public places.
The chapter on military conscription was very good. Messers Woods and Gutzman provided substantial research that the Founding Fathers and early National political leaders were opposed to a national military conscription which started in Europe. The quatation of Danial Webster on the floor of Congress rejecting a draft is worth noting. Readers should note that many who want military conscription want it for everyone else except themselves. Walter Lippman promoted military conscription until he realized he too could be conscripted. He managed to get cushy government while exhorting other Americans to risk their lives (a real hero here). The former U.S. House member Andy Jacobs called such cowards, who want wars but want others to do the killing and the dying, war wimps and chicken hawks. Mr. Jacobs was a decorated Marine during the Korean War.
The chapter titled "Do Americans have a Constitutional Duty to Suffer?" is a good example of judicial stupiidty and bureaucratic nonsense. This chapter cites federal attempts to stop people who are suffering from using medical marijuana. The unreasonable judicial rulings stated that home-grown marijuana could be eliminated by the power of the Interstate Commerece Clause of the Constitution. Since the plants were used for immediate medical use per physicians' prescriptions, the illogic of using the plants could affect interstate commerice is obvious.
The chapters dealing with excutive orders, war powers, and signing statements are ominous. Messers Woods and Gutzman carefully demonstrated that such powers are unconstitutional and lawful. Executive orders began with the administration of the Pres. Theodore Roosevelt when he granted diplomatic recognition to a country when the U.S. Senate refused to do so. Pres. Theodore Roosevelt simply used a different phrase via executive order. The chapter titled "The phony Case for Presidental War Power" offers a stinging rebuke of a law clerk and later government "Justice" Dept. offical name Yoo. Yoo wrote a poorly reasoned law review article which stated that the U.S. President can use his war powers to send combat forces anywhere any time he damned well pleases. The Constitution history and warnings of the Founding Fathers are well cited in this section. The chapter on signing statements would be amusing if not so dangerous. Messers Woods and Gutzman give precise ecamples of how signing statements, which only express a president's disapproval of a section of a bill, have been recently used to violate the law especially duirng the Clinton and Bush administrations. To use signing statements as pretext to violate the law is unconstitutional and illegal. An opinion is not a constitutional power to break the law.
The last chapter titled "Can Anything Be Done?" is not hopeful at all. When most Americans are concerned about what dress some celebrity is wearing, the abuses of the Constitution will never get corrected. As this reviewer has stated elsewhere, the American people have raised thoughtlessness to a virtue.Who Killed the Constitution: The Fate of American Liberty from World War I to George W. Bush Overview

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The Cult of the Presidency: America's Dangerous Devotion to Executive Power Review

The Cult of the Presidency: America's Dangerous Devotion to Executive Power
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The Cult of the Presidency: America's Dangerous Devotion to Executive Power ReviewI have to admit it: I'm a presidential cultist. In 8th grade I memorized all the presidents with their years of service. In high school I read The Rise of Theodore Roosevelt by Edmund Morris, a book that inspired me during a particularly rough time in my life. To this day I follow politics like most men follow sports.
So it's not easy or natural for me to recommend a book that celebrates the likes of Warren Harding and Calvin Coolidge and deconstructs Woodrow Wilson, FDR, or my beloved TR.
Yet if you're like me, you have this nagging sense that something has gone terribly wrong. In a country founded on the anti-monarchical principle that government is "of the people," we have come to lust after a king - a man who will heal our hurts, save us from our enemies, educate our children, protect us from the weather, and guarantee our material comforts.
In this book, you'll learn how we got here. After starting out with the Founders and the debate over whether the nation's chief executive should have a title, you'll be introduced to the concept of Unitary Executive theory and its chief proponent, Professor John Yoo, who as a young lawyer in the post-9/11 Office of Legal Counsel, provided the intellectual firepower for George W's expansive view of presidential prerogative. You'll also meet Clinton Rossiter, whose book, The American Presidency, published in the 1950s, documented how such an expansive view was palatable to the American people who had come to expect their president to be World Leader, Protector of the Peace, Chief Legislator, Manager of Prosperity, and Voice of the People, among other things.
Along the way, you will gain an appreciation for the Quiet Ones - John Adams to Calvin Coolidge - and why, out of commitment to republican principles, they kept their mouths shut (for the most part). You'll see how the Progressive movement's program to take power away from political bosses and give it to "the people" has ironically resulted in creating the greatest political Boss of all. That same movement also gave us our first models of modern Heroic Presidents - TR and Wilson. Interestingly, while TR may have been the Luther, it was Wilson who was the Calvin - the great intellectual systematizer and practical political implementer of the theology of presidential power. "The President is at liberty, both in law and conscience, to be as big a man as he can," Wilson declared.
Journalists and scholars, who are, by trade, usually in the Progressive camp, are indicted for aiding and abetting the creation of this un-republican Big Man.
The book falls short of a true classic (and a 5-star rating) due to the following.
The author spills a lot of ink over the imperialistic sins of George W. Bush (3 of 9 chapters), which will unfortunately limit the book's shelf life once the current occupant leaves office. He failed to engage at least one of the standard presidential biographies. Anyone evaluating LBJ is obliged to engage Robert Caro's penetrating 3-volume study, and yet I didn't see one reference to it. There is also a fair amount of dieseling of the author's main point in the book's nearly 300 pages.

His discussion of Lincoln is surprisingly short. He justifies this on the premise that the chief executives from 1865 to 1901 reverted to the antebellum model, and thus Lincoln didn't permanently change the game. And yet all the executive over-reaches of power which the author decries were dramatically displayed in Lincoln. While one may explain this away as a singular historical moment, I have also suspected that Lincoln, and specifically, his Emancipation Proclamation poses something of a dilemma for Libertarians. While emancipation from slavery is certainly libertarian, it took a very un-libertarian Executive Order and a bloody civil war to achieve it. Whether it's by design or oversight, the lack of a thorough discussion of Lincoln and the impact his deification in the post-war North must have had on the young Roosevelt cousins and Wilson was a missed opportunity.
Despite his amassing the evidence of presidential abuses of power, the author's proposed remedies are surprisingly brief (5 pages) and timid - airing some thoughts about the proposed Separation of Powers Act and tinkering with the War Powers Resolution. The author prefaces his lack of solutions by noting that we are already too far gone: until we adjust our expectations of the presidency, no legislative solution will be sufficient to tame the creature we have created. Nevertheless, since we are dealing in the realm of ideas, the author could have taken the opportunity to be bolder.
These shortcomings are relatively minor given the depth with which the author has built his case and the importance and timeliness of his message. To those of you who are growing tired of your addiction to The Politico and RealClearPolitics.com, this book will be your first step toward sobriety.
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Recarving Rushmore: Ranking the Presidents on Peace, Prosperity, and Liberty (Independent Studies in Political Economy) Review

Recarving Rushmore: Ranking the Presidents on Peace, Prosperity, and Liberty (Independent Studies in Political Economy)
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Recarving Rushmore: Ranking the Presidents on Peace, Prosperity, and Liberty (Independent Studies in Political Economy) ReviewWikipedia's article "Historical Rankings of United States Presidents" (http://en.wikipedia.org/wiki/Historical_rankings_of_United_States_Presidents) features a spreadsheet of twelve scholarly surveys. In general, the presidents were judged on "achievements, leadership qualities, failures and faults (such as corruption)." Consistently topping the lists were Lincoln, Washington, FDR, and Jefferson, with conservative and liberals disagreeing only on the placements of our 1st and 32nd presidents.
Ivan Eland questions the criteria used in these conventional rankings. In his RECARVING RUSHMORE, his Introduction states that undesirable biases shape surveys conducted by such as the Siena Research Institute. There is the "effectiveness bias" which supposedly focuses on a president's ability to get his programs enacted while not weighing the value of the programs. In other words, action trumps judgment. Then Eland mentions biases for "charisma," "service during a crisis" (i.e., war or depression), and "activism."
Eland wants to evaluate presidents on other criteria, namely, how well they procured or perpetuated peace, prosperity, and liberty. His rankings "reflect the degree to which presidents upheld the founders' original vision of a limited federal government with an appropriately constrained executive" although Eland concedes that "each president has to be evaluated at his point in time" and "cannot be blamed for the size of government he inherited or the power he was expected to wield at the time he took office." Still, the idea is to assess the presidents on whether they avoided "wars of choice;" whether their economic policies contributed to prosperity; and whether they respected the constitution, checks and balances on their office, and individual freedoms.
The resulting Eland ranking is consequently radically different from the Siena (2002) or Wall Street Journal (2006) surveys reprinted in RECARVING RUSHMORE for comparison. Among the Eland "Excellent" presidents is Grover Cleveland (#2). He ranks at #12 in WSJ and at #20 in Siena. Bill Clinton comes in at #11 (Eland), but at #22 (WSJ) and at #18 (Siena). George W. Bush registers close to the bottom with Eland (#36) whereas he fared somewhat better with WSJ (#19) and Siena (#23).

The bulk of RECARVING RUSHMORE consists of chapters on each president examining his record on peace, prosperity, and liberty. Woodrow Wilson's chapter, for instance, naturally discusses his entry into World War I at length and is labeled the "Most Interventionist President in U.S. History." He also scores poorly for prosperity because he pursued "an activist domestic agenda contrary to the history of the Democratic Party, which has been a bastion of small government." Likewise, Wilson received low marks for liberty because his policies eroded civil liberties and because to him "some racial groups were more equal than others." These chapters are invaluable as a means of viewing the presidents from perspectives seldom published.
RECARVING RUSHMORE is a contrarian reevaluation of presidential contributions. And it is precisely for this reason that it ought to be widely read (or at the very least studiously browsed) and its conclusions debated. Eland has supported his rankings with solid arguments and a definite and distinctive philosophy about what Americans ought to look for and value in men and women they choose to hold the office of President of the United States. Recommended. 4.5 stars.Recarving Rushmore: Ranking the Presidents on Peace, Prosperity, and Liberty (Independent Studies in Political Economy) Overview

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Hope Review

Hope
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Hope ReviewAn entertaining vision of what would happen if a candidate from outside of the conventional two party political mainstream became president.
A billionaire entrepreneur with a libertarian style philosophical streak on govermnent runs as a third party candidate, and through a series of chance occurences is elected president.
It is a viewpoint broadening vision of what could be -- somewhat along the lines of L. Neil Smith's "Probability Broach."Hope Overview

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Restoring the Lost Constitution: The Presumption of Liberty Review

Restoring the Lost Constitution: The Presumption of Liberty
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Restoring the Lost Constitution: The Presumption of Liberty ReviewRandy Barnett has written a fascinating and well-argued book. The book is composed of four parts: "Constitutional Legitimacy," "Constitutional Method," "Constitutional Limits," and "Constitutional Powers." The first part takes seriously Lysander Spooner's arguments in "No Treason: The Constitution of No Authority" that the Constitution is not and cannot be binding on people who did not explicitly consent to it- the "we the people" in the preamble is a fiction. Barnett argues for a view that a Constitution can be legitimate and binding in the absence of explicit consent only if it incorporates appropriate limitations on government to safeguard individual rights. This is the most philosophical section of the book, and I found it the weakest--while I think Barnett had good arguments against tacit or implied consent, I'm not sure his alternative really provides the legitimacy it purports to, nor am I particularly persuaded by his account of natural rights. (I am a strong proponent of individual rights, but I am unconvinced that they are grounded in nature, as opposed to being justified by a combination of empirical fact and subjective values.)
In Part 2, "Constitutional Method," Barnett argues that the Constitution is properly interpreted by a form of originalism based on original meaning, as opposed to original intent. He argues persuasively that the arguments against originalism which target original intent do not work against original meaning. I found this part much more persuasive than Part 1, and I think he has formulated a consistent and rational methodology of Constitutional interpretation that takes seriously what is written in the text.
Part 3, "Constitutional Limits," is where things start to get really interesting. Barnett examines the judicial history of the "necessary and proper" clause of Article I, Section 8, and argues that the Supreme Court made a wrong turn way back in 1819 in McCulloch v. Maryland by adopting an expansive interpretation of this clause where "necessary" meant "convenient" and "proper" was virtually ignored. He extensively reviews contemporary sources to argue for the meaning of this clause and that it requires judicial review of laws to make sure they are grounded in specific powers granted in the Constitution. Barnett begins this section with a quote from Justice Clarence Thomas in FCC v. Beach Communications, showing that Thomas has bought completely into the view that there is a "presumption of constitutionality" for acts of the legislature, whereas Barnett favorably cites Justice Stevens' response to Thomas that "judicial review under the 'conceivable set of facts' test is tantamount to no review at all."
Barnett also argues that the "privileges and immunities" clause of the 14th Amendment was used incorrectly (too narrowly) in the 1873 Slaughter House cases, but the "due process" clause of the same Amendment was used correctly in Lochner v. New York in 1905. He argues that both federal and state legislatures which act to limit the liberties of the people need to show that it is within the enumerated powers of Congress or within the police powers of a state, respectively, and otherwise overturned by the courts.
Finally in this section, Barnett turns to the meaning of the Ninth Amendment, which reserves unenumerated rights to the people, and takes issue with Footnote 4 of the 1938 case United States v. Carolene Products. The current methodology of the courts under Footnote 4, according to Barnett, is to begin with a presumption of constitutionality for acts of the legislature, unless there is a specific enumerated right in the Constitution that is violated, in which case the legislature must justify that violation. The requirement of a specific enumerated right was then expanded in Griswold v. Connecticut by allowing additional rights not specifically enumerated, but found in "emanations and penumbras" from the other rights. Barnett argues, by contrast, that the proper presumption is one of liberty, which can only be limited or regulated by justification from a specific power granted to Congress, or a police power granted to the states which does not eliminate any liberties or natural rights. (E.g., a regulation can restrict time/manner/place of speech, but not content; speech itself cannot be prohibited on the basis of content without improperly infringing the right.) Barnett gives an entire chapter on the presumption of liberty, and how to identify rights that have not specifically been enumerated.
In Section 4, "Constitutional Powers," Barnett looks at the commerce clause of Article I, Section 8, and argues that the Supreme Court went wrong with Gibbons v. Ogden in 1824 by equating "commerce" with "intercourse" and allowing Congress to regulate that in every case where it merely affects more than one state. Barnett argues, again by citing a wide variety of contemporary sources, that "commerce" was distinguished from "manufactures" and "agriculture," and was synonymous with "trade." Thus, Congress has no legitimate power to legislate regarding manufacturing and agriculture, only regarding trade between states, with foreign nations, and with the Indian tribes.
He also includes a chapter on the police powers of states and what they can constitutionally do on his account, and another on the application of his view to judicial doctrines and cases. He argues that this yields something which is rather libertarian, but not entirely so.
Barnett puts forth a position which takes the language of the Constitution seriously, and which would require us to be explicit about making changes to it when we find that it has become out of date, rather than allowing a flexibility to the language to such an extent that the original wording no longer has any meaning at all. He spells out a view in which there is real content to judicial review, justified directly by the language of the Constitution, and in which the court has strong checks and balances against the legislature and the executive (and vice versa).
This book deserves to be widely read and taken seriously by those in the judiciary.Restoring the Lost Constitution: The Presumption of Liberty Overview

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