Who Killed the Constitution?: The Assault on American Law and the Unmaking of a Nation by Thomas E. Woods Jr.

Who Killed the Constitution?: The Assault on American Law and the Unmaking of a Nation Reviews

• 
  John

  This is another book in the same vein as Constitutional Chaos, A Nation of Sheep, and The Politically Incorrect Guide to the Constitution. It is a worthy addition to these books, covering some new ground. Woods and Gutzman review twelve different points in American history that we collectively put nails into the coffin of the U.S. Constitution.
  
  The Constitution is clearly dead, as they both argue and there is no easy path to resuscitate it. We are a lawless nation, governed by the will of men, not the letter of the law.
• 
  David

  One of my favorite books by Thomas Woods (and Guzman too).
  Similar to "The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom," this book, too, highlights major crossroads and seminal cases where the Federal government---mainly through SCOTUS, whereby it sits in judgment of the Federal government, i.e. sits in judgment of itself!---eroded and undermined individual liberty, Federalism, states' rights, and otherwise rendered the U.S. Constitution a hollowed-out shell of its former self.
  The book is easy to read and understand (you don't need to be a lawyer, although I am one), and informative.
  I'm not into "parchment worship," and generally I believe creating yet another overlay of powerful government above the already-sovereign state governments, represented a return to mostly what we had prior to the American Revolution---i.e. heavy-handed rule, by an elitist ruling-class, wielding power from a far-off imperial city. (And in fact, the Constitutional Convention WAS a "soft coup" in that it scrapped the Articles of Convention, when the purpose was merely to arrive at suggestions for modifications). That said, utilizing Lockean concepts of Natural Rights, and the concepts of Federalism/separation of powers that were touched upon by Montesqieu, represented novel safeguards (such as they were) against oppressive, powerful, central-governments, and scrapping all Constitutional case law and returning to a freshly-minted Constitution would make any libertarian worth his salt howl with glee (with a few improvements, of course, to the Necessary & Proper Clause, the Commerce Clause, and the General Welfare Clause).
• 
  Andy

  Unlike many books on the U.S. political scene right now, a very balanced and fair appraisal of the State of the Union, with respect to following the Constitution. General impression is that no Party is doing a good job of respecting the Constitution.
  Republicans have George Bush with his view of an aggressive executive branch.
  Democrats have FDR, with his view of unlimited National government.
  Presidents seem to all seek more power than they are allowed.
  Congresses all seek more power than they are allowed, but try to dump responsibility to Executive or Judicial branches.
  Supreme Court since the very beginning has tried to pretend they can rewrite the Constitution by Fiat.
  States dump responsibility by hoping the Feds pay for things.
  
  And the People get the shaft.
  
  His closing remarks are quite depressing, but comport well with my impressions of the national scene, as well as with how each Party screams when they are not in power. The People most responsible for this... is us.
• 
  Tyler L.

  This book was different, rather than better, than what I expected. Being familiar with both authors I knew what I was getting into. With Gutzman's legal expertise and Woods' witty anecdotes from history, this book turned out solid.
  
  Law school doesn't teach the Constitution anymore. For over a century now it merely teaches "case law" which is just precedent. In this context, precedent means the opinions of nine unelected government lawyers. But these activist judges are not this book's primary target. The true culprits behind the death of our beloved Constitution are the Presidents and Congressmen who showed it no more fidelity than any Supreme Court justice.
  
  A few of the familiar court cases feature in this book like the free speech cases from WWI and, of course, Brown v. Board of Education. But others you've hardly heard about anywhere else are explained here in fascinating detail.
  
  The best thing about this book is how the authors effectively communicate the absolutely absurd rationalizations our past politicians attempted to make in justifying their unconstitutional actions. Truman's seizure of the steel mills, FDR's confiscation of gold, Warren Burger's forced busing of students based on race, and George W. Bush's expansion of presidential war powers are all destroyed by the authors in an entertaining fashion. I especially enjoyed the chapter that makes the case for the unconstitutionality of a draft. Also hilarious is how the justices who ruled against segregated public schools tried to justify their ruling by invoking the 14th Amendment which was undeniably written by men who did not support whites and blacks going to school together. Even when these justices are right, they are still wrong!
  
  A few chapters feature topics that have been done to death (prayer in school, medical marijuana) and seem trivial compared to more pressing issues, but that is just my opinion. Nonetheless, federal banishment of these rights are exposed as clearly unconstitutional.
  
  Ultimately, this book has a point, and it nails it. It covers controversial topics, especially the really emotionally-charged ones like the segregation of schools. The authors take a bold stand on some of these issues. But they are not defending any immoral behavior. The authors' opinions of each issue is irrelevant. The point of the book is that if we are to live in a republic under the rule of law and not of men, we must follow the law. If the law is bad or immoral, there is a legally-prescribed method of changing it. There is also natural law (individual rights) that come into play. The federal government has intervened with mostly honorable intentions to put an end to bad things, but if they do it in an unconstitutional manner, then it is wrong. These problems must be addressed in a legal fashion if we are to keep our republic. If we do not follow the law and just let men rule as they wish, why even have a Constitution? Why even have a United States of America?
• 
  Jeff

  "The Constitution is Dead." That's the title of the Introduction, and it reiterated again in the Conclusion. In between these two sections are what the authors call the "dirty dozen" top offenders - those changes to Constitutional interpretation over the last 100 years or so that have done the most damage to the original form of government envisioned by the framers of the Constitution. In many instances the "reinterpretations" run completely counter to historical precedent and original intent - sometimes knowingly so. But in every instance, the reinterpretation has always been in favor of larger, more powerful, and less restricted federal government.
  
  One might think that this book would focus on the Supreme Court, but the authors spread the blame to Congress and various Presidents when appropriate. And they don't just pick on progressives like Wilson and FDR, either. George W. Bush is well nigh excoriated in the final two chapters for grossly expanding presidential power while in office.
  
  All in all, I found the book an interesting but rather depressing read on how the US federal government has become unmoored from the concept of limited government that the framers originally intended.
• 
  Tony

  Maybe, just maybe, our media and consumerist/gadget obsessions distract us just enough from caring about the consequences of what the federal government and moneyed interests have come to perfect in our absence of mindfulness: running roughshod over the country's freedoms and the ideals at their foundation. And maybe we need to dial back our perception of "consumerism" as freedom and think pointedly about what exists in the absence of distractions.
  
  Rare is the person who is genuinely thoughtful about constitutional law; rarer still are those who care to confront malfeasance and outright contempt for the highest laws in the land without partisan or overly simplistic reasoning. In this light, "Who Killed the Constitution?" is a worthy companion to "Lies The Government Told You" by Andrew Napolitano.
  
  While not all libertarian viewpoints may resonate comfortably with the country-at-large, the arguments outlined and explored here add considerably toward broadening the scope of daily dialogue about what is happening in the United States of America today.
• 
  David Robins

  Good stuff, although he should have gone further back and included Lincoln. Covers FDR's gold seizure, several illegal wars declared by presidents, warrantless wiretapping, Wilson's suppression of opinions against WWI, Truman's seizure of the steel mills, infringement on states' rights, forced busing, unconstitutional improvements including roads and bridges to nowhere, banning prayer from public schools, the draft, medical marijuana, and other tramplings of the Constitution (especially with war as an excuse) by all branches, but mainly the executive.
• 
  Tami

  This book was a little over my head intellectually, but I skimmed it and got the basic message of what the author is saying. I enjoyed it and learned alot! I realize have lived so many years in plain ignorance to politics. I have more love and reverence for the Constitution and for our Founding Fathers than ever before.
• 
  Kristen Hill

  This book was very interesting. It brought to life some parts of American history that I was not taught in school. I also liked that the author was not for one side or the other but he skewered both democrats and repulicans alike. Some of the law went over my head but ultimately it was a good book that I really enjoyed.
• 
  Brandy

  Very informative and interesting...and sad. The book gives a chronological account of ways in which the constitution has been deliberately overridden. Some of it, especially the occurances in the distant past, around the turn of the century and a little beyond, are shocking to me. The more current situations are less shocking and more "expected". Sad.
• 
  Bob

  It's not the more recent things that surprised me but the older things. First off just learning how FDR outlawed gold ownership and the resulting trial before the Supreme Court. But also going all the way back to the whiskey rebellion. This book should be required reading before you vote in the next election!
• 
  Dave

  A very interesting look at how Republicans, Democrats, liberals, and conservatives in the Legislative, Executive, and Judicial branches have trampled and disregarded the Constitution of the US.
• 
  Brent

  Every American should take the time to read this book to understand what has happened to our so-called republican (federal) form of government. Eye-opening.
• 
  Craig Bolton

  Who Killed the Constitution?: The Fate of American Liberty from World War I to George W. Bush by Thomas E. Woods Jr. (2008)
• 
  Stormy

  It's controversial. It's a good read.
• 
  Jonathan

  Very enlightening. And also frustrating.
• 
  Andy

  Very Interesting examples. Would have rated it higher, but some chapters were a bit dry.