Showing posts with label liberty. Show all posts
Showing posts with label liberty. Show all posts

A Nation of Sheep Review

A Nation of Sheep
Average Reviews:

(More customer reviews)
Are you looking to buy A Nation of Sheep? Here is the right place to find the great deals. we can offer discounts of up to 90% on A Nation of Sheep. Check out the link below:

>> Click Here to See Compare Prices and Get the Best Offers

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

Want to learn more information about A Nation of Sheep?

>> Click Here to See All Customer Reviews & Ratings Now
Read More...

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

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

(More customer reviews)
Are you looking to buy Ex America: The 50th Anniversary of the People's Pottage? Here is the right place to find the great deals. we can offer discounts of up to 90% on Ex America: The 50th Anniversary of the People's Pottage. Check out the link below:

>> Click Here to See Compare Prices and Get the Best Offers

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

Want to learn more information about Ex America: The 50th Anniversary of the People's Pottage?

>> Click Here to See All Customer Reviews & Ratings Now
Read More...

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
Average Reviews:

(More customer reviews)
Are you looking to buy Who Killed the Constitution: The Fate of American Liberty from World War I to George W. Bush? Here is the right place to find the great deals. we can offer discounts of up to 90% on Who Killed the Constitution: The Fate of American Liberty from World War I to George W. Bush. Check out the link below:

>> Click Here to See Compare Prices and Get the Best Offers

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

Want to learn more information about Who Killed the Constitution: The Fate of American Liberty from World War I to George W. Bush?

>> Click Here to See All Customer Reviews & Ratings Now
Read More...

No He Can't: How Barack Obama Is Dismantling Hope and Change Review

No He Can't: How Barack Obama Is Dismantling Hope and Change
Average Reviews:

(More customer reviews)
Are you looking to buy No He Can't: How Barack Obama Is Dismantling Hope and Change? Here is the right place to find the great deals. we can offer discounts of up to 90% on No He Can't: How Barack Obama Is Dismantling Hope and Change. Check out the link below:

>> Click Here to See Compare Prices and Get the Best Offers

No He Can't: How Barack Obama Is Dismantling Hope and Change ReviewI ordered this book from the Amazon Vine program, thinking it would provide, more background, information on B.H. Obama while in office. Of the former, I had obtained much from my extensive pre-election reading of articles and books such as Case Against Barack Obama and Obama Nation, which I still recommend.
Unfortunately, this book did not deliver the quality information I'd expected, however. I agree with Matthew Morgan, that while the volume is well-written, it offers scant referencing, a major issue.
Another problem: McCullough rehashes articles he wrote before Obama attained the presidency. He claims to have been one of the first journalists to predict Obama's election, and one of the first to criticize him. All of that is news to me. If true, however, it makes little difference, as the book offers no particular substance for readers who prefer to focus on facts, as opposed to opinions.
Non-fiction of any kind is fairly useless without careful footnotes and referencing, and this book has none of the former and precious few of the latter in chapter bibliographies. I did not need to acquire it to find a list of further reading material. What readers want to know is where each bit of information, such as there is, originated. That's not here.
I'm afraid this book offers nothing so much as a squandered opportunity to expose the most important facts that the mainstream press seems to intentionally avoid reporting at all costs.
If I could give the book three and a half stars, I would, only thanks to McCullough's crisp and chatty writing style. But what the book has in pizzazz does not make up for its dearth of data or substantiation.No He Can't: How Barack Obama Is Dismantling Hope and Change Overview

Want to learn more information about No He Can't: How Barack Obama Is Dismantling Hope and Change?

>> Click Here to See All Customer Reviews & Ratings Now
Read More...

The American Commonwealth Review

The American Commonwealth
Average Reviews:

(More customer reviews)
Are you looking to buy The American Commonwealth? Here is the right place to find the great deals. we can offer discounts of up to 90% on The American Commonwealth. Check out the link below:

>> Click Here to See Compare Prices and Get the Best Offers

The American Commonwealth ReviewJames Bryce's "The American Commonwealth" is a basic text of American government and politics, one of three such texts, the others being Hamilton, Madison, and Jay The Federalist Papers (Signet Classics), and de Tocqueville Democracy In America (Complete). These three works, two by foreigners, form the groundwork of a basic understanding of the American system of government. Such an understanding is basic to good citizenship. The lack of such an understanding is sadly demonstrated every day by America's journalists, professors, politicians, and average citizens.
Reading Bryce's "Commonwealth" seems a formidable task at the beginning, since it is two volumes with a total of over 1600 pages. Yet once you begin, Lord Bryce's style is so natural, almost conversational, and the material so interesting to anyone with the slightest interest in American history and politics (and shouldn't that include every American citizen?), that it is actually a very easy book to read.
Bryce was Scottish, born in Belfast, Ireland. He became an attorney and a professor of law at Oxford, then a member of Parliament. He was Ambassador to the United States from 1907 to 1913, became a viscount in 1914. He was very well-traveled and well-known in the US, about as well-qualified as anyone could be to write a description of the American form of government. Because of his reputation as a friend of America he had an important influence on the US entry into World War One on the Allied side.
The first volume covers the national and state governments, the second volume covers the party system, public opinion, and various aspects of American political and social life. The first edition was published in 1888, and it was last revised in 1914. Over the years Bryce made many revisions as his observations and knowledge of America broadened and deepened.
Bryce explains exactly how American government works. A listing of some of the more significant chapters will give an idea of the subjects covered:
Chapter 3: The Origins of the Constitution
Chapter 8: Why Great Men are not Chosen President
Chapter 33: The Interpretation of the Constitution
Chapter 34: The Development of the Constitution by Usage
Chapter 53: Political Parties and Their History
Chapter 78: How Public Opinion Rules in America
Chapter 84: The Tyranny of the Majority
Chapter 85: The Fatalism of the Multitude
Of special interest are three appendices. The first is a review by Bryce of the predictions of Hamilton and de Tocqueville. The second is a review of "The American Commonwealth" written in 1889 by Woodrow Wilson when Wilson was a professor of political science at Weslyan University in Connecticut. The third is a review by Lord Acton.
Bryce believed that had the Constitution been put to a popular vote in 1787 it would never have passed. As it was, the only reason the Constitution gained popular support was because of the fear of foreign powers. As Bryce puts it, in the years following the Revolution and the collapse of the Articles of Confederation, Americans felt very vulnerable to foreign intervention:
"The fear of foreign interference, the sense of weakness, both at sea and on land, against the military monarchies of Europe, was constantly before the mind of American statesmen, and made them anxious to secure at all hazards a national government capable of raising an army and navy, and of speaking with authority on behalf of the new republic."
His comments on the relationship between the Constitution, the Supreme Court, and the American people are very timely.
Of the Presidency he says, "The president has developed a capacity for becoming, in moments of national peril, something like a Roman dictator."
His description of the development of the political parties is equally timely, and is the best I have ever read.
Some final quotations from Bryce:
"Someone has said that the American government and Constitution are based on the theology of Calvin and the philosophy of Hobbes. This at least is true, that there is a hearty Puritanism in the view of human nature which pervades the instrument of 1787. It is the work of men who believed in original sin, and were resolved to leave open for transgressors no door which they could possibly shut. Compare this spirit with the enthusiastic optimism of the Frenchmen of 1789. It is not merely a difference of race temperaments; it is a difference of fundamental ideas."
He ends on this pessimistic note, echoing Benjamin Franklin:
"To expect any form of words, however weightily conceived, with whatever sanctions enacted, permanently to restrain the passions and interests of men is to expect the impossible. Beyond a certain point, you cannot protect the people against themselves any more than you can, to use a familiar American expression, lift yourself from the ground by your own bootstraps."
Highly recommended in this authoritative and economical edition.The American Commonwealth Overview

Want to learn more information about The American Commonwealth?

>> Click Here to See All Customer Reviews & Ratings Now
Read More...

John C. Calhoun: Selected Writings and Speeches (Conservative Leadership Series) Review

John C. Calhoun: Selected Writings and Speeches (Conservative Leadership Series)
Average Reviews:

(More customer reviews)
Are you looking to buy John C. Calhoun: Selected Writings and Speeches (Conservative Leadership Series)? Here is the right place to find the great deals. we can offer discounts of up to 90% on John C. Calhoun: Selected Writings and Speeches (Conservative Leadership Series). Check out the link below:

>> Click Here to See Compare Prices and Get the Best Offers

John C. Calhoun: Selected Writings and Speeches (Conservative Leadership Series) Review~John C. Calhoun: Selected Writings and Speeches~ is an anthology of writings of the antebellum South Carolina statesmen. It's perhaps the definitive abridged compilation of Calhoun's writings. The alternative of course is the broad collection by historian Clyde Wilson, entitled The Papers of John C. Calhoun. However, as a practical matter, sorting through the cream of the crop is an exercise that takes a lot of work. Dr. Cheek, however, has sorted through Calhoun's writings, and put together a most remarkable collection of Calhoun's writings. Besides, the Disquisition and the Discourse, he features good pieces such as Calhoun's Exposition and Protest, his Speech on the Force Bill, and his letter to James Hamilton describing the nature of the Union, among several other selections.
Calhoun's Disquisition and Discourse are profoundly reflective political thought that typify what historians characterize as the South Atlantic Republicanism. Calhoun's concept of concurrent majorities and his understanding of the American federal system are deeply reflective. Undoubtedly, if we are to ever initiate a meaningful renaissance of federalism and implement needed constitutional reforms within the United States, such a move necessitates the revival of the statesmanship of John Calhoun. So, Dr. Cheek's books are a good place to start.
All things considered, if you're interested in antebellum politics, political science, or exploring the statesmanship of South Carolina statesmen John C. Cahoun, then Cheek's anthology is definitely worth your consideration. Please consider reading this book in tandem with his other book Calhoun and Popular Rule, which offers sound exegesis of the Disquisition and Discourse.John C. Calhoun: Selected Writings and Speeches (Conservative Leadership Series) Overview

Want to learn more information about John C. Calhoun: Selected Writings and Speeches (Conservative Leadership Series)?

>> Click Here to See All Customer Reviews & Ratings Now
Read More...

Restoring the Lost Constitution: The Presumption of Liberty Review

Restoring the Lost Constitution: The Presumption of Liberty
Average Reviews:

(More customer reviews)
Are you looking to buy Restoring the Lost Constitution: The Presumption of Liberty? Here is the right place to find the great deals. we can offer discounts of up to 90% on Restoring the Lost Constitution: The Presumption of Liberty. Check out the link below:

>> Click Here to See Compare Prices and Get the Best Offers

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

Want to learn more information about Restoring the Lost Constitution: The Presumption of Liberty?

>> Click Here to See All Customer Reviews & Ratings Now
Read More...