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on January 17, 2016
Eric Posner and Adrian Vermeule are two of the brightest legal scholars writing today. If you are looking for a hagiography of the Founding Fathers -- apparently some people like that stuff -- don't bother reading this book. If you like to be challenged and read insightful analysis, buy this book. You might not agree with their thesis, but it is well worth reading.
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on April 21, 2011
THESE AUTHORS STATE THEIR OFF-THE-WALL OPINIONS AS ACTUAL FACTS, VIZ., THE SUPREME COURT IS A "MARGINAL PLAYER." THESE ERUDITE LAW PROFESSORS DON'T EVEN CALL THE MEMBERS OF THE SUPREME COURT "JUSTICES" WHICH IS THEIR REAL TITLE. THEY ADVOCATE ABANDONMENT OF THE CONSTITUTION AND ABOLISHMENT OF THE OTHER TWO BRANCHES OF GOVERNMENT: THE CONGRESS AND THE JUDICIARY. THEY DEMEAN THE FOUNDERS AS HAVING MADE ERRORS IN ESTABLISHING THE GOVERNMENT OF THE UNITED STATES. IF WHAT THEY ADVOCATE PREVAILED, WHAT WOULD PREVENT "THE IMPERIAL EXECUTIVE" FROM DECIDING TO REMAIN IN POWER PERPETUALLY WITH NO CONSTITUTIONAL PROTECTION AGAINST SUCH ACTION? THEIR SOLE SOLUTION FOR CORRECTING EXCESSES BY THE EXECUTIVE IS A VOTE OF THE PEOPLE. THEY SHOULD REALLY READ ALEXIS DE TOCQUEVILLE'S "DEMOCRACY IN AMERICA" WHICH THEY SHOULD HAVE READ IN HIGH SCHOOL, WHEREIN HE WARNS THAT THE BIGGEST DANGER TO DEMOCRACY IS THE TYRANNY OF THE MAJORITY OF THE PEOPLE. MANY PEOPLE IN DEMOCRACIES AROUND THE WORLD, INCLUDING GERMANY, SELECTED BAD LEADERS. SEPARATION OF POWERS AND THE CONSTITUTION ARE THE ONLY HOPE FOR PROTECTION FROM THE TYRANNY OF THE MAJORITY, BUT THE AUTHORS ADVOCATE ABANDONING BOTH AS ILL-THOUGHT-OUT BY THE FOUNDERS. I SUSPECT THAT THESE AUTHORS' NEXT BOOK WILL BE WRITTEN TO PROVE THAT THE STATES ARE NO LONGER RELEVANT AND THAT THERE SHOULD ONLY BE A FEDERAL GOVERNMENT. I RECOMMEND THAT YOU READ THE REVIEW OF THE BOOK BY HARVEY MANSFIELD, A PROFESSOR OF GOVERNMENT AT HARVARD, IN THE NEW YORK TIMES, SUNDAY, MARCH 13, 2011, BOOK REVIEW SECTION, AND SKIP READING THE BOOK.
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