Quick Book Review: Who Killed the Constitution?

At the close of the Constitutional Convention in Philadelphia on September 18, 1787, a Mrs. Powel anxiously awaited the results, and as Benjamin Franklin emerged from the long task now finished, asked him directly: "Well Doctor, what have we got, a republic or a monarchy?" "A republic if you can keep it" responded Franklin. (via Ron Paul)

"Our new Constitution is now established, and has an appearance that promises permanency;
but in this world nothing can be said to be certain, except death and taxes."
-- Benjamin Franklin (letter to Jean-Baptiste Leroy, 13 November 1789)

As soon as I saw that Dr. Woods (w/ co-author Kevin Gutzman) was coming out with a new book (Who Killed the Constitution?: The Fate of American Liberty from World War I to George W. Bush
) I knew it would be a must-read. I've read two of his earlier titles: 'The Politically Incorrect Guide to American History' and '33 Questions About American History You're Not Supposed to Ask.' And the book is endorsed by Judge Andrew Napolitano.

Hard cover and about 250 pages.

Right out of the gate the authors take a strong but disappointing (in that it's probably true) position: there Constitution isn't in danger, it's already dead.
"We have bad news ... the Constitution is already dead. It died a long time ago."

Woods and Gutzman then go on to chronicle some of the most egregious attacks on the U.S Constitution through history. No person or party is spared. Democrats and Republicans are both singled out when appropriate. And no branch of the federal govt. is spared, all three branches have had a hand in the destruction of the Constitution. The authors choose 12 examples to document and make it clear that this is anything but an exhaustive list.

A few thoughts on the book ...
1. The early 'separation of church and state' movement was largely anti-Catholic in nature.
2. During the Korean War Harry Truman nationalized U.S. steel mills. Both the Washington Post and NY Times lambasted him over the move. What a change from today.
3. Chief Justice Hughes claimed that the Contracts Clause of the Constitution should not be thought of as 'absolute' or read with 'literal exactness.' (p. 38)




4. Uncomfortable and controversial though the claim might be, the Brown vs. Board of Education decision was clearly unconstitutional. "To make exceptions for govt. actions that seem 'right' but aren't consistent with the Constitution is to make arbitrary, and quite dangerous, distinctions." (p. 42)
5. The 'Great Gold Robbery of 1933' should enrage anyone interested in liberty and the U.S. Constitution. Truly a despicable act. (p. 83)
6. In 1921 Justice Hugo Black flashed a Klan symbol from the bench in order to sway a jury, and it was apparently successful! (p. 114)

7. The military draft is clearly unconstitutional, as long as one believes the 13th Amendment (involuntary servitude) is a binding part of the Constitution. William F. Buckley supported the draft. Milton Friedman famously opposed it. From AntiWar.com:

"In the course of his [General Westmoreland's] testimony, he made the statement that he did not want to command an army of mercenaries. I [Milton Friedman] stopped him and said, 'General, would you rather command an army of slaves?' He drew himself up and said, 'I don't like to hear our patriotic draftees referred to as slaves.' I replied, 'I don't like to hear our patriotic volunteers referred to as mercenaries.' But I went on to say, 'If they are mercenaries, then I, sir, am a mercenary professor, and you, sir, are a mercenary general; we are served by mercenary physicians, we use a mercenary lawyer, and we get our meat from a mercenary butcher.' That was the last that we heard from the general about mercenaries."
- Milton and Rose Friedman, Two Lucky People, Chicago: University of Chicago Press, 1998, p. 380.

8. The Constitution setup the U.S. govt. as Federal, not National. A non-trivial distinction.
9. Ipse dixit, 'because we say so.' (p. 133)

10. In 1979 President Carter required all 18 year-old men to register for the draft. Ronald Reagan said that, "... it rests on the assumption that your kids belong to the state. If we buy the assumption then it is for the state - not for parents, the community, the religious institutions, or teachers - to decide who shall have what values and who shall do what work, when, where, and how in our society. That assumption isn't a new one. The Nazis thought it was a great idea."

11. The abuse of the Constitution's Commerce Clause is so over-the-top that it's tough to believe it's true. (p. 138)

The book was a real eye-opener. Some of our most revered American politicians are skewered. It can be uncomfortable to read but the facts are the facts. It reminds me of the two fantastic DiLorenzo books on Lincoln (here and here). If you're interested in U.S. history, the Constitution, and care about how we got where we are today, pick up the book, you might be enraged but you won't be disappointed. The book does however end on an uplifting note, the end of the book includes the U.S. Constitution and Amendments in their entirety.

Misc. links:
Who Killed the Constitution?: The Fate of American Liberty ...
Thomas E. Woods on Who Killed the Constitution?
Official Site of Who Killed The Constitution ...
The Mises Review: Who Killed the Constitution? The Fate of American Liberty from World War I to George W. Bush
Dr. Woods's discussion of the book at the Mises Institute's Mises University program (mp3)
Ron Paul’s Campaign For Liberty - Blog Archive - “Who Killed the Constitution?”
YouTube - Who Killed The Constitution (1 of 5) Tom Woods
The American Spectator Reviews The Book
The Great Gold Robbery of 1933 - Thomas E. Woods, Jr.
FrontPage Magazine: Interview w/ Dr. Gutzman
'The Constitution is dead - WND