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Kevin R. C. Gutzman

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The Politically Incorrect Guide to the Constitution (Politically Incorrect Guides) (The Politically Incorrect Guides) Paperback – June 11, 2007

by Kevin R. C. Gutzman (Author)

4.7 346 ratings

Part of: The Politically Incorrect Guides (33 books)

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The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives.

Now, The Politically Incorrect Guide to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies.

In The Politically Incorrect Guide to the Constitution, Professor Kevin Gutzman explains how the Constitution:

Was understood by the founders who wrote it and the people who ratified it.
Follows the Supreme Court as it uses the fig leaf of the Constitution to cover its naked usurpation of the rights and powers the Constitution explicitly reserves to the states and to the people.
Slid from the Constitution's republican federal government, with its very limited powers, to an unrepublican "judgeocracy" with limitless powers.
How the Fourteenth Amendment has been twisted to use the Bill of Rights as a check on state power instead of on federal power, as originally intended.
The radical inconsistency between "constitutional law" and the rule of law.
Contends that the judges who receive the most attention in history books are celebrated for acting against the Constitution rather than for it.

As Professor Gutzman shows, constitutional law is supposed to apply the Constitution's plain meaning to prevent judges, presidents, and congresses from overstepping their authority. If we want to return to the founding fathers' vision of the Republic, if we want the Constitution enforced in the way it was explained to the people at the time of its ratification, then we have to overcome the "received wisdom" about what constitutional law is. The Politically Incorrect Guide to the Constitution is an important step in that direction.

Editorial Reviews

From the Inside Flap

The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives.

Now, The Politically Incorrect Guide(tm) to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies.

In The Politically Incorrect Guide(tm) to the Constitution, Professor Kevin Gutzman, who holds advanced degrees in both law and American history:

* explains how the Constitution was understood by the founders who wrote it and the people who ratified it * follows the Supreme Court as it uses the fig leaf of the Constitution to cover its naked usurpation of the rights and powers the Constitution explicitly reserves to the states and to the people * shows how we slid from the Constitution's republican federal government, with its very limited powers, to an unrepublican "judgeocracy" with limitless powers * reveals how huge swaths of American law and society were remade in the wake of Supreme Court rulings * reveals how the Fourteenth Amendment has been twisted to use the Bill of Rights as a check on state power instead of on federal power, as originally intended * exposes the radical inconsistency between "constitutional law" and the rule of law * contends that the judges who receive the most attention in history books are celebrated for acting against the Constitution rather than for it

As Professor Gutzman shows, constitutional law is supposed to apply the Constitution's plain meaning to prevent judges, presidents, and congresses from overstepping their authority. If we want to return to the founding fathers' vision of the Republic, if we want the Constitution enforced in the way it was explained to the people at the time of its ratification, then we have to overcome the "received wisdom" about what constitutional law is. The Politically Incorrect Guide(tm) to the Constitution is an important step in that direction.

About the Author

Kevin R. C. Gutzman, J.D., Ph.D. is Professor of American history and Graduate Coordinator in the Department of History at Western Connecticut State University. He received his Master of Public Affairs from the University of Texas, his J.D. from the University of Texas School of Law, and his M.A. and Ph.D. in American history from the University of Virginia. Dr. Gutzman is the author of James Madison and the Making of America, of Virginia's American Revolution: From Dominion to Republic, 1776-1840, and -- with Tom Woods -- of Who Killed the Constitution? He was a featured expert in the documentary film John Marshall: Citizen, Statesman, and Jurist, as well as in Nullification: The Rightful Remedy. He has written in all the leading history journals, in numerous popular publications, and in several historical encyclopedias. He lives in Bethel, Connecticut, with his children.

Product details

Publisher ‏ : ‎ Regnery; First Edition (June 11, 2007)
Language ‏ : ‎ English
Paperback ‏ : ‎ 272 pages
ISBN-10 ‏ : ‎ 1596985054
ISBN-13 ‏ : ‎ 978-1596985056
Item Weight ‏ : ‎ 1 pounds
Dimensions ‏ : ‎ 7.3 x 0.7 x 9 inches

Best Sellers Rank: #155,758 in Books (See Top 100 in Books)
- #75 in Constitutions (Books)
- #123 in General Constitutional Law
- #729 in U.S. Political Science

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4.7 346 ratings

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Kevin R. C. Gutzman

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KEVIN R. C. GUTZMAN earned his MPAff from the LBJ School of Public Affairs, his JD from the University of Texas Law School, and his PhD in American history from the University of Virginia. He is Professor of History at Western Connecticut State University and a faculty member at LibertyClassroom.com

Gutzman is the author of five books and co-author of a sixth. They include two best-sellers, two book club main selections, and one book club alternate selection. He has also published chapters in three edited collections.

Kevin Gutzman's articles have appeared in numerous scholarly journals, including The Journal of Southern History, the Journal of the Early Republic, The Virginia Magazine of History and Biography, The Journal of the Historical Society, the University of St. Thomas Law Journal, The Review of Politics, and others. He has also published book reviews in all the related history journals and in many popular outlets.

Gutzman has appeared on CNN, Fox News, C-SPAN, WGN, Newsmax TV, NPR, and BBC TV, besides in many other media outlets. and he has written for leading magazines and newspapers in the US and Canada. He writes and speaks frequently for scholarly and popular audiences and lives in Connecticut.

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Customers find the book informative and well-researched. They describe it as an enjoyable read, not heavy reading, and a necessary guide for all. Opinions differ on the Constitution itself, with some finding it an excellent guide to understanding it as designed, while others say it deals little with the actual document itself.

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Informative Readability Constitution

55 customers mention "Informative"55 positive0 negative

Customers find the book informative and well-researched. They find it a great starting point for understanding how we got from the guaranteed freedoms of the Constitution to today's free society. The book is an invaluable resource for paleoconservatives, libertarians, constitutionalists, minarchists, and others interested in history.

"Very enlightening" Read more

"...In light of that, this is an important book in many regards, but specifically on the three subjects listed in my title...." Read more

"...This book is enlightening in just about every field of thought that concerns the Constitution and its overthrow by the various courts...." Read more

"I recommend this for, if nothing else, the depth of the history surrounding the ratification of the Constitution and the Bill of Rights...." Read more

52 customers mention "Readability"48 positive4 negative

Customers find the book easy to read and informative. They say it's well-written and not heavy reading. The first third of the book is great, and the writing is amazing.

"...This is not heavy reading in that it does not require tremendous intelligence to digest, but it is heavy in terms of implications...." Read more

"What a treat this book is to read, even if you have to give up some cherished myths...." Read more

"...However... they liked the way I thought... Great book!" Read more

"...The effort and research that Dr. Gutzman put in to this work is truly amazing and I have yet to assimilate it all--hence the repetition in my..." Read more

13 customers mention "Constitution"8 positive5 negative

Customers have differing views on the book. Some find it an excellent guide to understanding the Constitution as it was designed and how it came into being. They describe it as thoughtful and inspiring. Others feel it's politically incorrect and focuses too much on constitutional law instead of the actual Constitution itself.

"Hands down the best guide to understanding our Constitution as it was designed, and how we got off the rails along the way...." Read more

"...Furthermore, the title of this book is misleading. It deals little with the Constitution itself, and instead, is about "constitutional law" -- which..." Read more

"...Incorrect Guide to the Constitution is one of the best concise introductions to the Constitution...." Read more

"This book takes a candid look at the Constitution from the point of view that is blatantly ignored in our public schools...." Read more

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J. Cornelius
Truth
Reviewed in the United States on November 23, 2024
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Very enlightening

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Mr. Twisted
Must read for anyone interested in law, politics, or American history
Reviewed in the United States on August 3, 2018
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First, it's important to note that the PIG series seems, on its face, to be less-than-serious efforts at deep thought. The title and styling of these books may lead some to believe that they are less "academic" in nature.

But that would be a grave mistake for anyone to make, especially in this case. The author of this particular book is decidedly deserving of the term "expert" in the two categories primarily addressed in this book (he holds doctorates in both history and law and is widely published) and knows the subject matter possibly better than anyone alive.

In light of that, this is an important book in many regards, but specifically on the three subjects listed in my title. In regards to law, the author explains how little historical knowledge is possessed by most law school graduates, which greatly affects how they interpret the Constitution. This impacts the political process, indirectly due to the number of politicians who are law school graduates, and directly by grossly coloring the lenses of people's glasses regarding their views of what is and is not Constitutional. The cure for this is, of course, an actual look at what the Constitution meant to those who ratified it and where (and why), exactly, those views fell out of favor in a historical analysis.

This is not heavy reading in that it does not require tremendous intelligence to digest, but it is heavy in terms of implications. If the author is correct -- and we have no reason to believe he is not -- then most of those in political power in our country have a view of the Constitution that is not only flawed, but almost upside down in its understanding. I'd like to suggest that people like Pelosi, Schumer, et al read this book, but I also know that I might as well as for a unicorn for my birthday as expect them to understand what the Constitution actually means. For now I will just recommend it to friends and students and hope for the best.

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49 people found this helpful

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Ross E. Nelson
Going Hog Wild for the Constitution
Reviewed in the United States on July 24, 2007
Verified Purchase
What a treat this book is to read, even if you have to give up some cherished myths. You'll never see James Madison in the same light again, wishy-washy as he was. You'll understand the vital importance of the states as founders of the federal government and without peer in their own spheres. Dr. Gutzman interrogates the 14th Amendment and finds it did not mandate Brown v. Board of Education or anything like unto it.

He also illustrates how quickly the rot set in after the Constitution's ratification--just a few years, in fact. And while I'd read criticism of John Marshall's expansionist view of the great compact before, none of it compares to Dr. Gutzman's readable and clear demolition job. This book is enlightening in just about every field of thought that concerns the Constitution and its overthrow by the various courts.

There is a quibble to be made about how the book portrays Chief Justice Taney's Dred Scott decision. I cannot but see that Taney was correct about slavery, the Constitution, and the founders. That Amendments 13-15 were passed clearly points out that there was a perceived need to rectify the Constitution in regard to slavery. Perhaps Taney should have kept his mouth shut, but it looks like he spoke truth.

I also can't understand why so many conservatives have a problem with privacy as a right. Granted, privacy was absurdly warped into a ground for justifying abortion, but the abuse of a right doesn't mean that right doesn't exist. Dr. Gutzman claims the right to privacy is nowhere to be found in the Constitution, but in this I think he's wrong. The 9th Amendment states that the rights mentioned in the Constitution do not exhaust the rights of the people, and surely being left alone, of not being an object the government can spy on without cause, is one of the greatest liberties we could enjoy.

These flaws don't overshadow this book's enormous power to smash myths and set things right. It's a combination textbook, reference work, and just plain enjoyable reading. Though not a long book, it points the reader in the right directions both in its own right, and in areas of further study that it unfolds.

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29 people found this helpful

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Daniel Brady
Starts great, slips in the last few chapters
Reviewed in the United States on April 20, 2008
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I recommend this for, if nothing else, the depth of the history surrounding the ratification of the Constitution and the Bill of Rights. It could have gone deeper, but then it would have been a different book - and it goes deeper than most I've seen.

As the book progresses through various attacks on the Constitution through history, the focus is almost entirely upon the Supreme Court. Not a bad target, all in all, but perhaps the title could have changed to reflect the actual focus in the writing. I'd expected a more broad-based examination of violations of the Constitution from all of the culprits.

After the first half of the book, the writer loses his distance from the material, becoming more passionate about the violations of the Constitution by the Supreme Court, which actually weakens his writing - he'd have been better if he'd been able to maintain the factual, dispassionate presentation of the earlier material. At the end, his personal bias is remarkably plain, and it lost this reader a bit.

The P.I.G. features - factoids appearing frequently in the margins, under headings such as "A Book You're Not Supposed to Read", which recommends further reading relevant to the subject at hand, and "Legal Latinisms", which explains Latin phrases commonly used in law, are generally good - the damning quotes are too often given without context, and the half-page biographies could stand some bibliography notes, - but all in all, they're nicely used.

Don't mistake my criticism here - I strongly recommend this book, and will doubtless loan it to as many of my friends as I can. There are flaws, so this could have been better - but so far, nobody's done better with this material yet - not that I've seen, anyway.

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MK
A history of judicial power-grabbing
Reviewed in the United Kingdom on December 6, 2015
Verified Purchase
This book is essentially made up of two parts. Part one describes the creation of the United States and the US constitution, and the early triumph of Jeffersonian federalism over nationalism (Adams, Washington) and monarchism (Adams, Hamilton). Then the book chronicles the history of the Supreme Court and how it has almost completely reversed the federalist's triumph over the last 2 centuries. Very very highly recommended,

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Dermot Whelan
Five Stars
Reviewed in the United Kingdom on February 3, 2015
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Excellent

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