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the Politically Incorrect Guide to Constitution
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the Politically Incorrect Guide to Constitution
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The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judgesled by the Supreme Courthave 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,
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 appointednot electedofficials make most of the important policies.
In
Professor Kevin Gutzman explains how the Constitution:
As Professor Gutzman shows, constitutional law is supposed to apply the Constitution's plain meaning
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.
is an important step in that direction.