Constitutional History Books

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

Thomas E. Woods Jr., Kevin R. C. Gutzman

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Editorial Review:

“Let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”
—Thomas Jefferson

The United States Constitution—the bedrock of our country, the foundation of our federal republic—is . . . dead.

You won’t hear that from the politicians who endlessly pay lip service to the Constitution. It’s the dirty little secret that bestselling authors Thomas E. Woods Jr. and Kevin R. C. Gutzman expose in this provocative new book. The fact is that government officials—Democrats and Republicans, presidents, judges, and congresses alike—long ago rejected the idea that the Constitution possesses a fixed meaning limiting the U.S. government’s power.

In case you’ve forgotten, this idea was not a minor aspect of the Constitution; it was the document’s very purpose.

Woods and Gutzman round up the suspects responsible for the death of the government the Founding Fathers designed. Going right to the scenes of the crimes, they dissect twelve of the most egregious assaults on the Constitution—some virtually unknown. In chronicling this “dirty dozen,” the authors show that the attacks began long before presidents declared preemptive wars, congresses built pork-barrel bridges to nowhere, and Supreme Court justices began to behave as our supreme legislators.

In Who Killed the Constitution? Woods and Gutzman

• REVEAL the federal government’s “great gold robbery”—the flagrant assault on the Constitution you never heard about in history class
• DESTROY the phony case for presidential war power
• EXPOSE how the federal government has actively discriminated to end . . . discrimination
• TEAR DOWN the “wall of separation” between church and state—an invention that completely contradicts what the Constitution says
• DARE to touch the “third rail of American jurisprudence,” Brown v. Board of Education—showing why a government decision that seems “right” isn’t necessarily constitutional

Never shying away from controversy, Woods and Gutzman reveal an unsettling but unavoidable truth: now that the federal government has broken free of the Constitution’s chains, government officials are restrained by little more than their sense of what they can get away with.

Who Killed the Constitution? is a rallying cry for Americans outraged by government run amok and a warning to take heed before we lose the liberties we are truly entitled to.

The Activist: John Marshall, Marbury v. Madison, and the Myth of Judicial Review

Lawrence Goldstone

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The story of the landmark case that put the “Supreme” in Supreme Court.

Among the many momentous decisions rendered by the Supreme Court, none has had a greater impact than that passed down in 1803 by Chief Justice John Marshall in the case of Marbury v. Madison. While the ruling itself was innocuous—denying the plea of a minor functionary named William Marbury on constitutionally technical grounds—its implications were enormous. For Marshall had, in essence, claimed for the Supreme Court the right to determine what the Constitution and our laws under it really mean, known formally as the principle of “judicial review.” Yet, as Lawrence Goldstone shows in his compelling narrative, that right is nowhere expressed in the Constitution and was not even considered by the Framers or the Founding Fathers, who would never have granted such power in a checks-and-balances system to unelected officials serving for life.

The Activist underscores the drama that occurred in 1803 by examining the debates that took place during the Constitutional Convention of 1787—among the most dramatic moments in American history—over the formation and structure of our judicial system. In parallel, Goldstone introduces in brief the life and ambition of John Marshall, and the early, fragile years of the Supreme Court, which—until Marshall’s ascension to Chief Justice—sat atop the weakest of the three branches of government. Marshall made the Court supreme, and while judicial review has been used sparingly, without it the Court would likely never have intervened in the 2000 presidential election. Indeed, the great irony Goldstone reveals is that judicial review is now so enfranchised that Justice Antonin Scalia could admit, as he has, that the Supreme Court “made it up” in the same breath as he insists that justices must adhere steadfastly to the exact words of the Constitution.

Nobody brings the debates of the Constitutional Convention to life as does Lawrence Goldstone, and in this election year, no more interesting book on the Supreme Court will appear than The Activist, which makes the past come alive in the present.

A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our ConstitutionRevised Edition

Peter Irons

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Total reviews: 24 Average rating: 4.0 of 5

Editorial Review:

The savvy, chatty author of The Courage of Their Convictions brings us a scholarly reckoning of the 200-plus years of decisions made by the highest court in the land. Not surprisingly (and justifiably, given his erudite arguments), Peter H. Irons represents the court's work as a never-ending appeal of the powerless to the powerful: of the just over 100 supreme justices who have sat on the court, all but two have been white, all but two have been men, and all but seven have been Christian, whereas the supplicants to our nation's highest bar are typically racial minorities, women, and deviants in some way from the religious and social mainstream.

Taking a representative (if not comprehensive) accounting of the Supreme Court's most significant decisions, Irons puts cultural and political context--and a human face--to the parties involved, painting an absorbing and involving picture of landmark cases that readers are likely to recall but not fully understand. Whether he's explicating the tortuous history of freedom-seeking slave Dred Scott or explaining the "a Jap's a Jap" reasoning behind the legal exculpation of World War II internment camps, Irons reminds us of the court's spotted history while still conveying the deep affection he has for it. (Includes a thoughtful appendix with the complete text of the Constitution and suggestions for further reading.) --Paul Hughes

America's Constitution: A Biography

Akhil Reed Amar

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In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it.

We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.

Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president.

From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans.

We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.

Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

Exporting American Dreams: Thurgood Marshall's African Journey

Mary L. Dudziak

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Editorial Review:

Thurgood Marshall became a living icon of civil rights when he argued Brown v. Board of Education before the Supreme Court in 1954. Six years later, he was at a crossroads. A rising generation of activists were making sit-ins and demonstrations rather than lawsuits the hallmark of the civil rights movement. What role, he wondered, could he now play? When in 1960 Kenyan independence leaders asked him to help write their constitution, Marshall threw himself into their cause. Here was a new arena in which law might serve as the tool with which to forge a just society.
In Exporting American Dreams , Mary Dudziak recounts with poignancy and power the untold story of Marshall's journey to Africa. African Americans were enslaved when the U.S. constitution was written. In Kenya, Marshall could become something that had not existed in his own country: a black man helping to found a nation. He became friends with Kenyan leaders Tom Mboya and Jomo Kenyatta, serving as advisor to the Kenyans, who needed to demonstrate to Great Britain and to the world that they would treat minority races (whites and Asians) fairly once Africans took power. He crafted a bill of rights, aiding constitutional negotiations that helped enable peaceful regime change, rather than violent resistance.
Marshall's involvement with Kenya's foundation affirmed his faith in law, while also forcing him to understand how the struggle for justice could be compromised by the imperatives of sovereignty. Marshall's beliefs were most sorely tested later in the decade when he became a Supreme Court Justice, even as American cities erupted in flames and civil rights progress stalled. Kenya's first attempt at democracy faltered, but Marshall's African journey remained a cherished memory of a time and a place when all things seemed possible.

American Indians and the Law: The Penguin Library of American Indian History

N. Bruce Duthu

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The history and politics of American Indians’ unique constitutional status from a renowned scholar

Few Americans know that Indian tribes have a legal status unique among America’s distinct racial and ethnic groups: They are also sovereign governments that engage in governmental relations with Congress. The self-rule of Native tribes long predates the founding of the United States, and that peculiar status has led to legal and political disputes—with vast sums of money hanging in the balance. From cigarette taxes to control of environmental resources to gambling law, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise.

In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries and demonstrates their common thread throughout history, giving us an accessible entry point into a vital facet of Indian history. American Indians and the Law provides an overview of the major events, the differing principles, and the evolving perspectives that have governed relations among the tribes, the federal government, and the states since the founding of this country.

How Progressives Rewrote the Constitution

Richard A. Epstein

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An Excellent Review of Judicial History 5 out of 5 stars.
43 of 46 people found this review helpful.

Because the political philosophy of our fathers is rooted in a combination of Lockean and Hobbesian philosophy, the initial Federal government's role was basically defense, foreign policy, and refereeing interstate commerce. It was not to provide for needs such as retirement, health, food assistance, farm support, or recreation. Yet, today the federal government is involved in all these activities, and over time, individual property rights have been highly compromised, and personal responsibility is no longer an legally binding.

This book gives us a judicial history of the key court cases that lead to this outcome. It then critiques the logical flaws of the progressive thinking. It does not explain how the key judges who decided these key court cases got to the bench. Therefore, one should not and cannot rely solely on this book to give one a complete understanding how political power shifted in this country so that the vision of our founders could be destroyed. It is perhaps good that this book is not comprehensive because it would be much longer and we can use our time more efficiently by first examining the court decisions and then later one try to figure out how the court changed its guiding philosophy.

I recommend this book to those who are trying to restore liberal principals to American Federalism. (Please note that liberal here begins with a small l.

Editorial Review:

In this provocative book, Richard Epstein shows how Progressives saw in constitutional interpretation an opportunity to advance their political agenda. They transformed a Constitution that reflected the influence of John Lock and James Madison into one that reflected the ideas of the leading intellectuals of their own time. As a result, they rewrote, because they did not understand, key provisions of the constitutional text.

Corwin and Peltason's Understanding the Constitution

Sue Davis

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Total reviews: 4 Average rating: 2.5 of 5

Don't buy this book 1 out of 5 stars.
19 of 75 people found this review helpful.

They removed my last review, maybe this one will make it. Don't buy this book. Its written by a pack of convoluted thinking leftist bedwetters. if you want a factual book about the U.S. Constitution buy one published by the Cato Institute.

Step by step clarification 4 out of 5 stars.
18 of 24 people found this review helpful.

This book is a wonderful resource for someone interested in learning about the constition. This book walks you through the constitution line by line explaining and giving examples from actual court cases along the way. It's a little bit old, but I think it's definitly worth reading as a first look at the constitution.

Editorial Review:

For over fifty years, UNDERSTANDING THE CONSTITUTION has provided an accessible introduction to the document that defines and limits the powers of the United States and the rights of individuals. Thorough and precise, this textbook walks through, clause by clause, the entire Constitution, including all original articles and all subsequent amendments, and explains what the document says, as well as the key Supreme Court cases that define that part of the law. Updated thoroughly every three years, it includes the most recent developments in constitutional law.

America's Second Revolution: How George Washington Defeated Patrick Henry and Saved the Nation

Harlow Giles Unger

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Washington and the Consitution. 5 out of 5 stars.
0 of 0 people found this review helpful.

A highly readable and smooth flowing account of writing, amending, and ratifying the Constitution, this book gives George Washington the full credit he deserves for this colossal accomplishment. Because he worked behind the scenes and through others, his role has often been considred secondary to those of Adams and Madison. Harlow Giles Unger shows us that this was just not so. A fitting follow up to his The Unexpected George Washington: His Private Life, and his magnificent Lafayette biography

Editorial Review:

"Every American Interested in understanding the American character and the American past should read this book. There are vivid history lessons on almost every page. The constitution becomes not merely a brilliant blueprint for governance. It is-and was-also the only alternative to chaos. - Thomas Fleming, author of The Perils of Peace

Acclaim for The Unexpected George Washington.

"It's hard to imagine George Washington as playful, tender, or funny. But Harlow Unger searches to find these seldom-seen aspects of the private man, and the result is a fare more complete and believable founding father." - James C. Rees, Executive Director, Historic Mount Vernon

"An intimate view of the American hero who managed to follow his ambitions to great power without being disdained for them." - Publishers Weekly

The Anti-Federalists: Selected Writings and Speeches (Conservative Leadership Series)

Bruce Frohnen

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An American Historical 'Must Read' 5 out of 5 stars.
11 of 11 people found this review helpful.

"This government [Federal Government] will destroy the state governments, and swallow the liberties of the people." This was the declaration of Patrick Henry, found in these pages, along with many other intriguing and wonderful speeches. This text is a definite 'must read' in American History writings.

This volume is a collection of speeches, letters, essays, articles, and addresses presented during the era of American Constitutional history. Debate over the ratification of the constitution was obviously a huge debate in historical political philosophy and this volume is a great testimony of that fact.

It seems that the Federalist papers have received more attention in the classroom and in table talk conversations due to men like Hamilton, Madison, and Jay, and their respective writings. But we should not neglect a well rounded reading of political history and skip over the writings of the Anti-Federalists (Henry, Cato, DeWitt, and Brutus. In fact, I have the Federalists Papers in a collection as well as this volume and the two make for a wonderful evening of reading.

Were it not for the Anti-Federalists we would not have the Bill of Rights, and thus their opposition should be seen in history as a necessary cause if for no other reason than their concern that the State governments and rights should have some protection against federal incursion. Here is a volume of collected writings which demonstrates why, in my estimation anyway, the United States had such a well rounded and firmly established form of government and political history. These pages demonstrate an America were freedom of speech and opinion rise to wonderful occasions. If you love American history, more specifically historical American political history, then you should not be without this text and these writings.

Editorial Review:

This edition contains the key essays that were written in response to the Federalist Papers and were instrumental in helping shape the founding of our country.