The Politically Incorrect Guide to the ConstitutionSimon and Schuster, 11. 6. 2007. - 258 страница The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives. Now, The Politically Incorrect Guide to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies. In The Politically Incorrect Guide to the Constitution, Professor Kevin Gutzman explains how the Constitution:
As Professor Gutzman shows, constitutional law is supposed to apply the Constitution's plain meaning to prevent judges, presidents, and congresses from overstepping their authority. If we want to return to the founding fathers' vision of the Republic, if we want the Constitution enforced in the way it was explained to the people at the time of its ratification, then we have to overcome the "received wisdom" about what constitutional law is. The Politically Incorrect Guide to the Constitution is an important step in that direction. |
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Страница 2
... insisted to the royally appointed governor that he had no authority to tax the colonists and that this new fee amounted to a tax. In the end, the governor backed down. The real theoretical difficulty arose in the 1760s when Britain won ...
... insisted to the royally appointed governor that he had no authority to tax the colonists and that this new fee amounted to a tax. In the end, the governor backed down. The real theoretical difficulty arose in the 1760s when Britain won ...
Страница 5
... insisted that “his Majesty's liege people, the inhabitants of this colony, are not bound to yield obedience to any law or ordinance whatever, designed to impose any taxation whatsoever upon them, other than the laws or ordinances of the ...
... insisted that “his Majesty's liege people, the inhabitants of this colony, are not bound to yield obedience to any law or ordinance whatever, designed to impose any taxation whatsoever upon them, other than the laws or ordinances of the ...
Страница 6
... insisting that they had the rights of Englishmen. After explaining that they insisted on traditional English rights, including the right to be taxed only by their own representatives, this first American congress closed by saying that ...
... insisting that they had the rights of Englishmen. After explaining that they insisted on traditional English rights, including the right to be taxed only by their own representatives, this first American congress closed by saying that ...
Страница 7
... insistence on local self-government peculiar to Virginia, and borrowing especially from his mentor in constitutional matters, Richard Bland, Jefferson flung the gauntlet at King George's feet. You, King George, he said, are merely a ...
... insistence on local self-government peculiar to Virginia, and borrowing especially from his mentor in constitutional matters, Richard Bland, Jefferson flung the gauntlet at King George's feet. You, King George, he said, are merely a ...
Страница 9
... insist that Britain's constitution did not grant Parliament the power to tax them or deprive them of the right to trial by jury, but the king held that Parliament could legislate for everyone in the British Empire “in all cases ...
... insist that Britain's constitution did not grant Parliament the power to tax them or deprive them of the right to trial by jury, but the king held that Parliament could legislate for everyone in the British Empire “in all cases ...
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