INTRODUCTION: THE CONSTITUTION IS DEAD
MANY AMERICANS WORRY THAT THE CONSTITION IS DYING, LEAD THE CHORUS ARE THOSE CRITICS, MOSTLY ON THE RIGHT, WHO DECRY ACTIVIST JUDGES FOR RENDERING THE CONSTITUTION MORE AND MORE IRRELEVANT WITH THEIR TWISTED DECISIONS, WHICH SUBSTITUTE THEIR POLITICAL PREFERENCES FOR THE NATION'S HIGHEST LAW. IN RECENT YEARS OTHER VOICES, MOSTLY FOMR THE LEFT, HAVE JOINED IN, DEPLORING PRESIDENT GEORGE W. BUSH DICK CHENEY AND HIS ADMINISTRATION'S SUPPOSEDLY UNPREDEDENTED ATTACKS ON THE CONSTITUTION.
WE HAVE BAD NEWS FOR BOTH SETS OF CRITICS: THE CONSTITUTION, AND GOVERNMENT OFFICIALS MUST SWEAR TO UPHOLD IT. BUT WHAT DOES THEIR ALLEGED FIDELITY TO THE CONSTITUTION REALLY AMOUNT TO IN PRACTICE?
NOTHING.
EVEN THOSE WHO BEWAIL OUR PRESENT CONSTITUTIONAL CRISIS MISS THE MUCH LARGER STORY. THE ASSAULTS ON THE CONSTITUTION ARE NOT THE WORK OF ONE BRANCH OF GOVERNMENT, OR OF ONE PARTY, AND THEY DID NOT AND COULD NOT EMERGE OVERNIGHT. EVERY BRANCH OF THE FEDERAL GOVERNMENT HAS TRAMPLED ON THE CONSTITUTION, AND HAS DONE SO FOR CLOSE TO A CENTURY. THE CRISIS WE FACE TODAY IS THE CULMINATION OF DECADES OF OFFENSIVES AGAINST THE CONSTITUTION BY DEMOCRATS AND REPUBLICANS, JUSTICES, PRESIDENTS, AND CONGRESSES ALIKE, ALL OF WHOM HAVE ESSENTIALLY REJECTED THE IDEA THAT THE CONSTITUTION POSSESSES A FIXED MEANING LIMITING THE POWER OF THE U.S. GOVERNMENT.
THAT IDEA WAS NOT A MINOR ASPECT OF THE CONSTITUTION; IT WAS THE VERY PURPOSE OF THE CONSTITUTION.
THE DIRTY DOZEN
NOWADAYS, THE CONSTITUTION IS NO OBSTACLE TO ANY CONCEIVABLE FEDERAL PROGRAM. WOULD YOU LIKE TO HAVE THE FEDERAL GOVERNMENT TAKE OVER THE DELIVERY OF HEALTH CARE? NO CONSTITUTIONAL ISSUE COMES TO MIND. DO YOU THINK THE FEDERAL GOVERNMENT SHOULD TRIPLE SPENDING ON CANCER RESEARCH? NO PROBLEM. WOULD YOU LIKE THE FEDERAL AGENCIES PROMISCUOUSLY TO MINE EVERYONE'S E-MAIL AND TELEPHONE CALLS? WHY NOT? TWO HUNDRED YEARS AGO, EVEN NINETY YEARS AGO, ADVOCATES OF SUCH NOVEL FEDERAL INITIATIVES WOULD HAVE UNDERSTOOD THAT ONLY BY AMENDING THE CONSTITUTION COULD THE FEDERAL GOVERNMENT UNDERTAKE THEM. NOT TODAY. TO MOST AMERICANS -- INCLUDING POLITICIANS OF BOTH PARTIES -- ALL THAT MATTERS IN EVALUATING A FEDERAL INITIATIVE IS WHETHER IT SEEMS LIKE A TRIUMPH OVER INJUSTICE, A BOLD NEW STEP TOWARD DEALING WITH A SOCIAL EPIDEMIC, OR AN IMPORTANT CONTRIBUTION TO NATIONAL SECURITY.
BUT NOBLE INTENTIONS CAN NEVER BE THE BASIS FOR JUDGING WHETHER THE FEDERAL GOVENMNET IS TAKING PROPER,L CONSTITUTIONAL ACTION. IN FACT, AS THIS BOOK WILL SHOW, THE GOVERNMNET HAS OFTEN DEFORMED OUR CONSTITUTION AND INSIDIOUSLY SUBVERTED THE RULE OF LAW WITH PRECIDELY THOSE ACTIONS THAT AMERICANS HAVE BEEN TAUGHT TO CELEBRATE.
THE RECEIVED WISDOM ON AMERICA'S RECENT CONSTITUTIONAL HISTORY IS, UNFORTUNATELY, ALMOST ENTIRELY WRONG. THAT IS WHY A SWEEPING REASSESSMENT, ONE THAT LAYS OUT BARE EXACTLY WHO KILLED THE CONSTITUTION IS THAT THE FOUNDING FATHERS BEQUEATHED US, IS NECESSARY.
IN THIS BOOK WE CHRONICLE A DOZEN OF THE WORST EXAMPLES OF THE FEDERAL GOVERNMENT'S DEFIANCE OF THE CONSTITUTION--TWELVE ACTIONS FROM THE PAST CENTURY THAT, TAKEN TOGETHER, DEALT THE DEATH BLOW TO THE CONSTITUTION. THIS "DIRTY DOZEN" DOES NOT REPRESENT THE FEDERAL GOVERNMENT'S ONLY CONSTITUTIONAL ASSAULTS, BUT THE OFFENSES DOCUMENTED HERE REVEAL EXACTLY HOW PRESIDENTS, CONGRESSMEN, AND JUDGES HAVE SECURED THE POLICIES (AND THE POWER) THEYWANTED BY FLOUTING THE CONSTITUTION.
CH 1: WOODROW WILSON AND FREEDOM OF SPEECH
CH 2: HARRY TRUMAN SEIZES THE STEEL MILLS
CH 3: BROWN V. BOARD OF EDUCATION
CH 4: DISCRIMINATION: THE FORCED BUSING FIASCOES
CH 5: ROADS TO NOWHERE
CH 6: THE GREAT GOLD ROBBERY OF 1933
CH 7: BANNING PRAYER FROM PUBLIC SCHOOLS
CH 8: THE POWER TO DRAFT
CH 9: THE CASE OF MEDICAL MAUIJUANA
CH10: THE PRESIDENCY AND FOREIGN POLICY
CH11: THE PHONY CASE FOR PRESIDENTIAL WAR POWER
CH12: THE PRESIDENT ENFORCES THE LAW ... RIGHT?
CONCLUSION: CAN ANYTHING BE DONE?
