Constant Conservative

A book title which starts out with the words “who killed” is usually assumed to be a murder mystery. In that simple regard, this book is no different from many others. However, the murderer is not identified little by little as we follow the hero through the narrative in this particular mystery. No, the murderers are identified early on and the case is made page by page for the authors’ conclusion and summation.

In short, the authors (Thomas E. Woods, Jr and Kevin R. C. Gutzman) of Who Killed the Constitution: The Fate of American Liberty from World War I to George W. Bush believe that the US Constitution has been suffering from what one might call the “death of a thousand cuts” or, more properly, “the death of a thousand legal proceedings.”

The first example given in the book covers the Espionage Act of 1917 and the Sedition Act of 1918. These two laws, taken together, provided the basis for remarkable abuses of US citizens’ freedoms–particularly those of the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The book provides much detail to prove that freedom of speech was indeed abridged to the extent that people were put into prison for what they said in opposition to the US Government’s official policies.

Justice Holmes had the following to say with reference to one case that came before the court (and in which the defendant was found guilty of the Espionage Act).

“The question in every case is whether the words used are in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things which might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any Constitutional right.”

And so the book goes, providing twelve examples in all of laws which were passed or actions which were taken sans law (but not corrected) which would show that the much revered Constitution was not/is not nearly enough to temper the ambition for power and control which various branches of the federal government have exercised.

The material appears well-researched and is presented in a very readable format. My own sympathies, as you may have guessed, lie firmly with the authors’ in the bulk of their conclusions. Though by no means an exhaustive history of constitutional law, this book provides an overview of critical matters which have, perhaps, unalterably changed the legal landscape of this country.

If you are looking for some encouraging, light reading–this is not the direction to go. If you are, on the other hand, interested in history and how it affects us today (and tomorrow, and tomorrow, and tomorrow) then you may find this book not only worthwhile but replete with necessary and proper knowledge.

Book to Read

• Who Killed the Constitution? at Amazon