In Our Lost Constitution, Senator Mike Lee tells the dramatic, little-known stories behind six of the Constitution?s most indispensible provisions. He shows their rise. He shows their fall. And he makes vividly clear how nearly every abuse of federal power today is rooted in neglect of this Lost Constitution.
The still-unfolding story of America’s Constitution is a history of heroes and villains—the flawed visionaries who inspired and crafted liberty’s safeguards, and the shortsighted opportunists who defied them. Those stories are known by few today. In Our Lost Constitution, Senator Mike Lee tells the dramatic, little-known stories behind six of the Constitution’s most indispensible provisions. He shows their rise. He shows their fall. And he makes vividly clear how nearly every abuse of federal power today is rooted in neglect of this Lost Constitution. For example: • The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare. • The Fourth Amendment protects us against unreasonable searches and seizures, but the NSA now collects our private data without a warrant. • The Legislative Powers Clause means that only Congress can pass laws, but unelected agencies now produce ninety-nine out of every one hundred pages of legal rules imposed on the American people. Lee’s cast of characters includes a former Ku Klux Klansman, who hijacked the Establishment Clause to strangle Catholic schools; the Chief Justice of the Supreme Court, who called the Second Amendment a fraud; and the revered president who began his first of four terms by threating to shatter the balance of power between Congress and the president, and who began his second term by vowing to do the same to the Supreme Court. Fortunately, the Constitution has always had its defenders. Senator Lee tells the story of how Andrew Jackson, noted for his courage in duels and politics, stood firm against the unconstitutional expansion of federal powers. He brings to life Ben Franklin’s genius for compromise at a deeply divided constitutional convention. And he tells how in 2008, a couple of unlikely challengers persuaded the Supreme Court to rediscover the Second Amendment’s right to keep and bear arms. Sections of the Constitution may have been forgotten, but it’s not too late to bring them back—if only we remember why we once demanded them and how we later lost them. Drawing on his experience working in all three branches of government, Senator Lee makes a bold case for resurrecting the Lost Constitution to restore and defend our fundamental liberties. From the Hardcover edition.
Making a strong case for restoring our lost constitution, Senator Mike Lee reveals the little known stories behind key parts of the Constitution, showing how every abuse of federal power today is rooted in neglect of the Constitution and that most of those abuses were predicted by the Founders.
NEW YORK TIMES BESTSELLER! Some of America’s most important founders have been erased from our history books. In the fight to restore the true meaning of the Constitution, their stories must be told. In the earliest days of our nation, a handful of unsung heroes—including women, slaves, and an Iroquois chief—made crucial contributions to our republic. They pioneered the ideas that led to the Bill of Rights, the separation of powers, and the abolition of slavery. Yet, their faces haven’t been printed on our currency or carved into any cliffs. Instead, they were marginalized, silenced, or forgotten—sometimes by an accident of history, sometimes by design. In the thick of the debates over the Constitution, some founders warned about the dangers of giving too much power to the central government. Though they did not win every battle, these anti-Federalists and their allies managed to insert a system of checks and balances to protect the people from an intrusive federal government. Other forgotten figures were not politicians themselves, but by their thoughts and actions influenced America’s story. Yet successive generations have forgotten their message, leading to the creation of a vast federal bureaucracy that our founders would not recognize and did not want. Senator Mike Lee, one of the most consistent and impassioned opponents of an abusive federal government, tells the story of liberty’s forgotten heroes. In these pages, you’ll learn the true stories of founders such as... • Aaron Burr who is depicted in the popular musical Hamilton and in history books as a villain, but in reality was a far more complicated figure who fought the abuse of executive power. • Mercy Otis Warren, one of the most prominent female writers in the Revolution and a protégé of John Adams, who engaged in vigorous debates against the encroachment of federal power and ultimately broke with Adams over her fears of the Constitution. • Canasatego, an Iroquois chief whose words taught Benjamin Franklin the basic principles behind the separation of powers. The popular movement that swept Republicans into power in 2010 and 2016 was led by Americans who rediscovered the majesty of the Constitution and knew the stories of Hamilton, Madison, and Washington. But we should also know the names of the contrarians who argued against them and who have been written out of history. If we knew of the heroic fights of these lost founders, we’d never have ended up with a government too big, too powerful, and too unresponsive to its citizens. The good news is that it’s not too late to rememberand to return to our first principles. Restoring the memory of these lost individuals will strike a crippling blow against big government.
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
An original ebook from the current US senator to Utah, explaining why Chief Justice Roberts was wrong to disregard the Constitution in making his historic and controversial healthcare decision. uring Chief Justice Roberts’s first seven terms on the Supreme Court of the United States, he distinguished himself as a fair-minded jurist and a true constitutional scholar—a man seemingly committed to the rule of law and to core constitutional principles. That hard-earned distinction was turned on its head when, on June 28, 2012, the Chief Justice—writing for a five-to-four majority in National Federation of Independent Businesses v. Sebilius—essentially re-wrote key provisions of Obamacare in order to uphold the law, and allow it to be approved, in the face of a justified constitutional challenge. Now United States Senator Mike Lee presents a conservative critique of this controversial ruling, and explains why John Roberts in particular was wrong to vote to preserve the act. In an attempt to be perceived as fair in the mainstream media, Roberts allowed himself to be swayed by outside influences -- influences to which a Supreme Court justice is supposed to be absolutely immune. Not only that, Senator Lee explains, Roberts conceded that much of the Obamacare act was unconstitutional; yet he instructed states simply to ignore those parts, instead of recognizing that those parts made the entire act invalid. A smart, fair and evenhanded argument, Why John Roberts Was Wrong provides a definitive, concise argument against Obamacare.
The Founders’ Revolution
Author: Michael S. Law
Publisher: Morgan James Publishing
Readers will re-discover the forgotten treasures of the history and principles of the Declaration of Independence, recognizing the dedication of the Founding Fathers to the principles found there. The Founders’ Revolution is designed to help readers understand the principles embedded in the Declaration of Independence and to make those principles their own. The book unpacks the intent of the Founding Fathers in drafting the document and the historical circumstances surrounding its development. Every charge and every paragraph of the Declaration of Independence is discussed with supporting evidence coming from the original words of the Founding Fathers and other original source documents. The Founders’ Revolution also makes applicable comparisons with America’s current federal government and how it is acting similarly to the king of England at the time of the Declaration, showing how the Declaration and its principles are still applicable today.
The American Freedoms Primer is a compilation of the most historically significant speeches and writings on liberty, from the seventeenth century to the present day. Many of the declarations contained in these pages have influenced and inspired legislation, shaping United States policies on human equality and civil rights. Several works by theorists and philosophers who drove the expansion of capitalism and democracy are included, such as John Locke, Edmund Burke, and Samuel Adams. Several of this nation's founding fathers contribute seminal works as well, including, but not limited to, George Washington, Thomas Jefferson, Benjamin Franklin, and James Madison. Abraham Lincoln's Inaugural Address, Emancipation Proclamation, and his Gettysburg Address are all in here, as are the works of other nineteenth century philosophical and legal geniuses, such as Daniel Webster, Frederick Douglass, and Theodore Roosevelt. Finally, of the great twentieth-century orators and writers on civil liberties, this book draws from Woodrow Wilson, Franklin Delano Roosevelt, John F. Kennedy, Lyndon B. Johnson, Martin Luther King, Jr, and several others. This pocket-sized book will inspire and educate.
"When the odds were stacked against us, and there have been many times when the great experiment we call America could have and should have failed, did God intervene to save us?"That question, posed by authors Chris and Ted Stewart, is the foundation for this remarkable book. And the examples they cite provide compelling evidence that the hand of Providence has indeed preserved the United States of America on multiple occasions. Skillfully weaving story vignettes with historical explanations, they examine seven instances that illustrate God's protecting care. Never, at any of these critical junctures, was a positive outcome certain or even likely. Yet America prevailed. Why?"No man is perfect," write the authors. "And neither is any nation. Yet, despite our weakness, we are still, as Abraham Lincoln said, the best nation ever given to man. Despite our faults, this nation is still the last, best hope of earth." In short, God still cares what happens here. This reassuring message is a bright light in a world that longs for such hope.
The Freedom Agenda
Author: Mike Lee
Publisher: Regnery Publishing
Argues that the only way to solve the United States' budget crisis and avoid a future of economic stagnation is to adopt a balanced budget amendment, explaning how it would increase individual liberty and remove unnecessary spending.
Author: Richard Brookhiser
Publisher: Basic Books
The life of John Marshall, Founding Father and America's premier chief justice In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the United States. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Supreme Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again. Through three decades of dramatic cases involving businessmen, scoundrels, Native Americans, and slaves, Marshall defended the federal government against unruly states, established the Supreme Court's right to rebuke Congress or the president, and unleashed the power of American commerce. For better and for worse, he made the Supreme Court a pillar of American life. In John Marshall, award-winning biographer Richard Brookhiser vividly chronicles America's greatest judge and the world he made.
Are liberals right when they cite the “elastic” clauses of the Constitution to justify big government? Or are conservatives right when they cite the Constitution’s explicit limits on federal power? The answer lies in a more basic question: How did the founding generation intend for us to interpret and apply the Constitution? Professor Brion McClanahan, popular author of The Politically Incorrect Guide™ to the Founding Fathers, finds the answers by going directly to the source—to the Founding Fathers themselves, who debated all the relevant issues in their state constitutional conventions. In The Founding Fathers’ Guide to the Constitution, you’ll discover: How the Constitution was designed to protect rather than undermine the rights of States Why Congress, not the executive branch, was meant to be the dominant branch of government—and why the Founders would have argued for impeaching many modern presidents for violating the Constitution Why an expansive central government was the Founders’ biggest fear, and how the Constitution—and the Bill of Rights—was designed to guard against it Why the founding generation would regard most of the current federal budget—including “stimulus packages”—as unconstitutional Why the Founding Fathers would oppose attempts to “reform” the Electoral College Why the Founding Fathers would be horrified at the enormous authority of the Supreme Court, and why the Founders intended Congress, not the Court, to interpret federal law Authoritative, fascinating, and timely, The Founding Fathers’ Guide to the Constitution is the definitive layman’s guide to America’s most important—and often willfully misunderstood—historical document
The Law of the Land
Author: Akhil Reed Amar, Akhil Amar
Publisher: Basic Books
From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.
Author: Dana Loesch
"Blaze TV and ... radio host Dana Loesch [posits] that the biggest political problem today is that the people who run this country have no idea what life is really like for ordinary Americans. In fact, they have contempt for the very people they claim to represent ... [and there's a] growing disconnect between the government and media elites and the rest of us, the old-fashioned, hard-working, God-fearing Americans who are proud to live in middle America"--Amazon.com.
The Taming of Free Speech
Author: Laura Weinrib
Publisher: Harvard University Press
Laura Weinrib shows how a coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. Protection of civil liberties was a calculated bargain between liberals and conservatives to save the courts from New Deal attack and secure free speech for both labor radicals and businesses.