Weve all heard the abominations which pass for popular political discourse throughout america today. The `general welfare clause of the constitution justifies our welfare state and the redistribution of wealth. Admittedly, current times offer some hope for a re birth of appreciation of fundamental constitutional values. At the clarence thomas hearings, richard epsteins takings was waved around by a joseph biden terrified at the prospect of the national government being required to compensate citizens when federal regulations diminish individuals rights to property. Supreme court has, albeit meagerly, begun to recognize constitutional protection of property rights. This year the tenth amendment, too, was rediscovered by the supreme court, the federal legislative branch has been informed that there are limits beyond which statutes cannot go.

State legislatures are passing 10th amendment resolutions as shots across the bow of the beltway leviathan. Even in the midst of a so called congressional revolution, block grants from washington to the states, with fewer federal conditions, are considered an indication of federalism, as if under that concept the states are only quasi administrative units of the national government but with more freedom to craft programs, freedom allowed by congress. When an overwhelming majority of legislative revolutionaries and movement leaders fail to exhibit a sound, complete grasp of our primary, foundational document of governance, it is all the more important for the citizenry itself to grasp the essence of that document to understand its principles, its historical context, the guiding presuppositions and beliefs of those who drafted the constitution and those who ratified it. Fees most recent collection of essays, foundations of american constitutional government. Is just the publication for anyone who wants a thorough grounding for understanding our constitution and applying it to our political life. This collection of previously published freeman essays spans 30 years, including contributions from historian clarence carson the late m.

Bradford, the noted southern agrarian conservative philosopher john hospers historian robert higgs and economist dwight lee, among others. The book is marketed as a primer, but be assured that the person who absorbs this books lessons will gain a sober grasp of the intellectual ground from which the constitution grew, its historical context, what the founders intended it to accomplish, the permissible reach of government powers, and how profoundly undemocratic our government was structured to be and why thats so. The primary drawback of this book is the appendix while it contains for reference the original constitution and the first ten amendments, the other 17 amendments are not included. Also, the absence of the articles of confederation, predecessor to the constitution, is regrettable. Nilssons essay, not in the constitution, carefully examines the context and meaning of the general welfare clause, oft cited and terribly misunderstood.

This essay should be read by every political science undergraduate student, every first year law student, and every public official in america. Robert higgs essay regarding individual rights and the nature of government is a reality based summary which should be widely read. Higgs destroys the false dichotomy between human rights and property rights, but not before reminding us that e very government, ultimately if not immediately, relies on physical violence to enforce its rule.

Essays on Earthquakes

Lees likening the government to the role of a referee in a football game is just the sort of illustration appropriate for those who seldom or never have thought through the implications of constitution related discussions theyve heard before. Bradfords contribution, not so democratic, is an outstanding essay regarding the profoundly undemocratic beliefs of the framers of the constitution and the numerous antimajoritarian mechanisms within the document. The constitution is no mere blueprint for populist, majoritarian government the super majority votes required for amending the constitution obviously are structured and required to prevent tinkering by bare majorities. Consider the senate, where the least populous and most populous states are represented by the same number of senators: two.

A simple majority is not sufficient to override a presidential veto two thirds of the house and two thirds of the senate must vote accordingly. One cannot read bradfords essay without a deeper appreciation for the anti democratic measures in our constitution which passionate, fleeting majorities on given issues cannot ignore, measures which safeguard us from the tyranny of the majority. Clarence carsons essay on the meaning of federalism is an excellent survey of the topic, highly recommended. A point particularly appreciated by this reviewer is carsons attention to the phrase of states rights: states have powers as do all governments , not rights. Finally, john hospers essay concerning freedom and democracy cleanly picks apart the mythology of democracy as self government. W hen people speak of democracy as self government, they are not speaking about each person governing himself they are speaking of a process in which a majority of voters, or a majority of members of a legislature, make decisions which have the force of law for everyone, including those who are opposed to what is enacted.