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Lawless: The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law Hardcover – November 17, 2015

4.5 4.5 out of 5 stars 38 ratings

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In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law.

Lawless documents how President Barack Obama has presided over one constitutional debacle after another—Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more.

Violating his own promises to respect the Constitution’s separation of powers, Obama brazenly ignores Congress when it won’t rubber-stamp his initiatives. “We can’t wait,” he intones when amending Obamacare on the fly or signing a memo legalizing millions of illegal immigrants, as if Congress doing its job as a coequal branch of government somehow permits the president to rule like a dictator, free from the Constitution’s checks and balances.

President Obama has also presided over the bold and rampant lawlessness of his underlings. Harry Truman famously said, “The buck stops here.” When confronted with allegations that his administration’s actions are illegal, Obama responds, “So sue me.”

Lawless shows how President Obama has betrayed not only the Constitution but also his own stated principles. In the process, he has done serious and potentially permanent damage to our constitutional system. As America swings into election season, it will have to grapple with finding a president who can repair Obama’s lawless legacy.

Editorial Reviews

From the Back Cover

"Many have spoken out over the years either generally about threats to the rule of law from the current administration, or about this or that discrete breach. Professor Bernstein, however, has performed a great service by compiling and organizing a catalog of them that shows how serious and pervasive has been the threat to limited, constitutional government." Michael B. Mukasey, Attorney General of the United States, 2007-2009.

"David Bernstein cogently demonstrates that the Obama Administration has treated the law as a mere extension of politics, not something valuable in itself. This is troubling on its own, and moreso with regard to the precedent it sets for future presidents. Lawless is a must-read account for scholars of executive power, and for anyone concerned about the future of our republic."
Glenn Harlan Reynolds, Beauchamp Brogan Distinguished Professor of Law at the University of Tennessee and Instapundit.com

"David Bernstein provides a comprehensive yet pithy narrative of the Obama administration's constitutional abuses and executive excesses. How sad that a presidency launched on the promise of transparency and the rule of law has instead been characterized by lawlessness in almost every area of policy."
Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute

About the Author

David E. Bernstein is the George Mason University Foundation Professor at the George Mason University School of Law in Arlington, Virginia, where he has been teaching constitutional law and other subjects since 1995. He is the author of several books, most recently Rehabilitating Lochner: Defending Individual Rights against Progressive Reform. Professor Bernstein blogs at the Volokh Conspiracy, hosted by the Washington Post.

Product details

  • ASIN ‏ : ‎ 1594038333
  • Publisher ‏ : ‎ Encounter Books (November 17, 2015)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 216 pages
  • ISBN-10 ‏ : ‎ 9781594038334
  • ISBN-13 ‏ : ‎ 978-1594038334
  • Item Weight ‏ : ‎ 1 pounds
  • Dimensions ‏ : ‎ 5 x 1 x 8 inches
  • Customer Reviews:
    4.5 4.5 out of 5 stars 38 ratings

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David E. Bernstein
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David E. Bernstein holds a University Professorship chair at George Mason University's Antonin Scalia Law School, where he has been teaching constitutional law and other classes since 1995.

Bernstein is the author of five books, including the Amazon Top 50 bestseller, "You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Law," and coauthor of two more.

Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.”

Columnist George Will wrote that Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, may be “the most consequential American book of 2022.”

Customer reviews

4.5 out of 5 stars
38 global ratings

Top reviews from the United States

Reviewed in the United States on March 21, 2018
Clear and concise writing. I had previously read Dr. Bernstein's book, Rehabilitating Lochner and was hoping this book would be as well thought out. I was not disappointed. It makes you think about public policy prior to the Obama era, during the Obama era, and after the Obama era. If you support originalism (and not all of us do), this book reminds you that just because you say you are a constitutional lawyer doesn't mean you follow the tenants of the constitution.
2 people found this helpful
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Reviewed in the United States on January 31, 2016
This book is a compilation of just some of the unlawful and/or unconstitutional acts perpetrated by Obama in his time in office. To be fair, the author also points out unlawful acts by other presidents in our history with quite a few arrows pointed at G.W. Bush. Most of Obama's transgressions have been covered in other books or in the alternative (not mainstream) media. If you are a news junkie this book won't teach you much but it will reinforce what you probably already know. If you don't devour news on a daily basis the book should open your eyes and convince you just how "above the law" Obama and most of his administration really are.
4 people found this helpful
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Reviewed in the United States on November 18, 2015
I highly recommend that David Bernstein's new book, "Lawless: The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law." David's book offers an insightful analysis of how President Obama's presidency has seen an unprecedented expansion of executive power, and an unparalleled disregard of Congress and the separation of powers. Despite the promises to reverse the excesses of the Bush Administration, President Obama has gone much farther. David's book is essential reading to understand what went wrong the last 7 years.
8 people found this helpful
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Reviewed in the United States on November 28, 2015
Useful compendium of the many legal misdeeds that are but a chapter in the annals of the Obama Administration's perfidy. Clearly written and well-documented. And even though I found the author's prescriptive remedies a bit Pollyanna-ish (I think no progress will be made in stopping the country's downward spiral until we replace our current system of government with a parliament), this is never the less a must read book for the coming election year.
5 people found this helpful
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Reviewed in the United States on January 12, 2016
Deeply partisan book, though that does nothing to detract from the central thesis. The book has a few new observations and its general call for greater Presidential restraint is as refreshing as it is, sadly, unrealistic given current political behavior.
2 people found this helpful
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Reviewed in the United States on January 31, 2016
details the shenanigans of the administrative state which you won't find in the NY Times or the W Post.
3 people found this helpful
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Reviewed in the United States on March 24, 2016
documented again all of the extra constitutional, lawless actions that our wonderful prez did during his terms.
2 people found this helpful
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Reviewed in the United States on March 23, 2017
this book brings to light many allegations of wrong doing on the part of the Obama administration.