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Politics
- History
Title: Say What? The Manhandling of the Constitution Author: James A. Dueholm Rating: ![]() Very Good!
Publisher: Publish America Web Page: http://www.publishamerica.com Reviewed by: Les Chappell | View Bio |
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When I took a course in law of mass communication my final semester of college, one of our primary assignments was the study of previous legal cases. The importance of these cases was that each outcome set a precedent, shaping the interpretation of the U.S. Constitution for future cases. Several of the precedents have been cause for intense debate over the years, and some - as argued by James Dueholm in his book "Say What? The Manhandling of the Constitution," have possibly violated the original spirit of the Constitution. Dueholm argues that due to several misapplied precedents, the judicial interpretation of the Constitution has changed dramatically since its inception. Congress' rights to regulate interstate commerce, enforce due process of law and protect the religious establishment are now abused to take away the states' individual decisions on abortion, the death penalty and environmental issues. "Say What?" is a well-researched book, as Dueholm provides a detailed history of the Founding Fathers and justices who are responsible for each Constitutional misinterpretation. Each of the offending precedents is described in detail, their motives and circumstances broken down into a readable format. He makes several interesting observations as well, such as pointing out how a 1942 case about wheat sales was used to extend the reach of the Civil Rights Act, and is used now to justify enforcement of the Endangered Species Act. However, readers should not expect this book to be an impartial look at the Constitution. There are several occurrences of Dueholm using the word "liberal" in a very hostile tone, and his arguments are supportive of several traditionally conservative viewpoints: opposed to abortion, in favor of the death penalty and claiming George W. Bush was the legitimate winner of the 2000 election. I don't judge books based on belief, but when arguments are paired with claims that liberals have an agenda to "lay waste to the Constitution" the research loses objectivity.
Though slightly biased and a bit obtuse for anyone who doesn’t have even a light background in Constitutional law, "Say What?" is still an informative look at the precedents and rulings behind a majority of our country’s political decisions. It remains an open question as to whether or not the Constitution should be a living document, but works like "Say What?" show the debate over it is very much alive.
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