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I am torn between loving and hating this book. Judge Napolitano clearly explains important premises of constitutional law and makes very good points about the hypocrisy of our constitutional system, but then makes bizarre leaps of logic to justify his conservative libertarian agenda.I give major props to Judge Napolitano for criticizing severe governmental abuses of power, like the trampling of the 5th Amendment by destroying the meaning of public use when the government takes your property and his clear denunciation of the use of torture by the government against terrorists.However, Judge Napolitano strange and bizarre beliefs about States Rights border on treasonous. Firstly, his bizarre attack against the 17th Amendment is disturbing. He argues that allowing the direct election of Senators is unconstitutional because it strikes at two of the core values of the Constitution: representation of state legislatures in a bicameral legislature and the States check and balance against Federal power. However, his argument that The 17th Amendment disenfranchises States is a deeply flawed argument that can be refuted with just a bit of historical knowledge. First, his logic fails because the constitution allows amendments, and the 17th Amendment was passed by 36 States (out of 48) and only Utah voted against it. The constitution is a social contract, and the social contract can be changed by the procedure agreed upon when it was originally adopted. The only time a change of this nature would be repugnant to the constitution would be a complete change from a representative and democratic form of government - ie. electing a king for life, dissolving Congress, and permanently suspending habeaus corpus. Tweaking the system to move closer towards direct democracy is a move in a positive direction. Second, the old system of electing Senators was profoundly broken. Politically bound state legislatures failed to elect Senators; for example, Delaware failed to elect Senators from September 1839 to January 1841. It is also important to note that 29 states were already electing Senators directly by procedural means when the 17th Amendment passed. Only fringe leftists and rightists seriously believes that direct election of either the President or the Senate has undermined our constitution.Lastly, his screed against Abraham Lincoln on page 246 as a tyrant is so unbalanced from a historical point of view that it would be laughable if it didnt echo letters to the editor from the 1860s.In conclusion, I liked this book, even with its serious flaws. Because of the logical, philosophical and historical errors, I would only recommend this book to close minded die hard Republicans who think that everything the USA does is right, or to savvy lawyers/historians/politicians who need to know how modern libertarians and republicans think.
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