The book that is the subject of this review is The Politically Incorrect Guide to the Constitution, by Kevin Gutzman and published this year in 2007. As with all of the books in the “Politically Incorrect Guide to..” series, the subject matter is the lesser-known side of a popular topic: in this case, the United States Constitution. Gutzman provides an historical and topical examination of the original intent of the Constitution and how the views of the founders have been distorted over time by the three branches of government. However, the judicial branch is clearly held most responsible for the changes, additions, and convolutions to constitutional law.
In fact, if any book suffers from the lack of a subtitle, this is it. A few come to mind off-hand as potential nominees, such as “How the Supreme Court Ruined Everything,” or “The Founders’ Losing Battle with the Judgeocracy.” After reading the book, it is clear that the decisions rendered by the Supreme Court over time have eroded the states’ rights that Jefferson held so dear and accomplished the consolidation of power in the hands of the federal government.
Of course, Gutzman is not positing a vast conspiracy of any sort that designed to take away the liberty of state and local governments to decide their own social laws on contracts and place this power in the hands of the national government. The court, though, from its inception realized that it was designed to be the least powerful branch of the government and various chief justices decided to alter that power balance as much as possible.
» Read more: A Review of “The Politically Incorrect Guide to the Constitution”