Available Now! (click cover)

America's Counter-Revolution
The Constitution Revisited

From the back cover:

This book challenges the assumption that the Constitution was a landmark in the struggle for liberty. Instead, Sheldon Richman argues, it was the product of a counter-revolution, a setback for the radicalism represented by America’s break with the British empire. Drawing on careful, credible historical scholarship and contemporary political analysis, Richman suggests that this counter-revolution was the work of conservatives who sought a nation of “power, consequence, and grandeur.” America’s Counter-Revolution makes a persuasive case that the Constitution was a victory not for liberty but for the agendas and interests of a militaristic, aristocratic, privilege-seeking ruling class.

Friday, December 30, 2005

Spooner Had It Right

The defenders of George II say he has, and always has had, the power to conduct warrantless eavesdropping on American citizens during “time of war.” They cite court opinions to that effect. His critics downplay the court opinions and say he has violated the law and the Constitution. It seems pretty clear that the president will get away with it. Thus the words of Lysander Spooner in No Treason come to mind:
But whether the Constitution really be one thing, or another, this much is certain—that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.

Postscript: One legal scholar and Bush critic who puts the past court rulings in context and shows how the president has violated the law is Robert Levy of the Cato Institute. Here is an interesting exchange between Levy and a Bush defender (pdf).

Hat tip: Will Wilkinson.

1 comment:

Just Ken said...

Yep, as usual, Spooner was right.