This books has two parts.
Part I delineates the story of the creation, formation, and development of the Constitution, and it does so in an engaging and illuminating way, highlighting its its revolutionary distinctiveness. To me, the most interesting section of Part I is Paulsen's delineation as to how the 'Bill of Rights' became integral to the Constitution.
Part II is the history of its how the Supreme Court, decision after decision, and decade after decade has interpreted, reinterpreted, and to no small measure has extrapolated its own policy preferences into the fabric of Constitutional law. In this part of the book, which is by far the most interesting part, Paulsen shows his colors as a strict (as opposed to a 'broad') constitutional lawyer, mincing no words as to when, where and how various Supreme Court justices have - in disregard of the clear meaning of the text itself - have created their own version of the Constitution via a methodology known as 'substantive due process' through which they interpret the constitution in terms of their own policy preferences. In so doing, says Paulsen, with which I agree, they, in effect, take off their judicial robes, and become legislators from their benches on the court. Paulsen sees this as a subversion of the original intent of the Founder's tripartite division of labor between the Executive, Legislative, and Judiciary components of the U.S. Government.
Bottom-line, this fine piece of work makes one realize anew, not only how precious our original constitution is, but also, how precarious it is. Yes, it has stood the test of time, now for almost 250 years, but the three branches of our government are dynamic living organisms that can be, and often have been, contorted and subverted by parties in all three branches of government. Nonetheless, the mere fact that our nation and our Constitution has survived is testament and tribute both to the brilliance of the Founders and and to the loyalty and wisdom of countless government leaders.
In a sense, this is a demythologizing piece of work, which is a wonderful corrective for many of us, who have tended to view the the history of the Supreme Court as far more linearly uplifting than it has actually been.
Bravo to the Paulsen's, both father and son, who wrote this fine book.
- Amazon Business : For business-only pricing, quantity discounts and FREE Shipping. Register a free business account
