Now, as a new generation of legal minds joins hands with Meese, there is no better time for the publication of a trustworthy constitutional guide. Judicial activism runs rampant in our nation, and judges often believe that they have been appointed to create laws rather than interpret them. The Supreme Court is at a particularly vulnerable point, as our nation holds its breath to see what kind of chief justice John Roberts will turn out to be and whether the Senate will confirm conservative nominee Samuel Alito. As Meese himself notes in the book’s introduction, “We have seen through our history that when the Supreme Court greatly misconstrues the Constitution, generations of mischief may follow.”
While all Townhall.com readers no doubt have their opinions about which acts of mischief-making have been the most damaging to our nation, Meese revealed his own pet peeves in a recent Washington Times interview:
Some things that are not in the Constitution, but have been invented over the years by the Supreme Court, acting in what I would consider an illegitimate manner, are such things as the exclusion of valid probative evidence from criminal proceedings because of technicalities, the so-called "right" to an abortion, and the imposition on the states of the requirement to apportion both houses of their legislatures on the basis of population.
In another interview, Meese notes, “The problem is not the Constitution itself, but when the courts depart from it and make it up on their own to satisfy some sort of a political agenda or personal or policy preference.” Even so, when pressed, Meese admits that he doesn’t see the amendments to the Constitution as inerrant:
Of all the amendments, and all the provisions of the Constitution, there are only two that I regard as real mistakes. One was the 16th Amendment. Prior to 1930, two-thirds of every tax dollar that a person had to contribute went to local governments and one-third went to the federal government. Now that's reversed… that means the federal government now has a lot more power.
The other one is related in a sense to the allocation of power and that is the 17th Amendment, which provided for the direct election of senators. Before, senators were elected by state legislatures, so they had much more allegiance to the state governments themselves. Now, the senators are elected just like the House members, and during their campaigns they both (talk about) how much pork they can bring back to the people of the district in terms of federal funds. In many ways it has distorted the allocation of power between the central government and the various states.
If you find this fascinating, just wait until you see the Guide up close. Each section is an in-depth exploration of not only a constitutional clause’s original intent, but also how it has been interpreted through the years and how it is interpreted today. For those of you who want even more information, each section also provides a list of relevant past court cases and suggestions for further research.
Yet, while this book is comprehensive at 475 pages, it is also extremely easy to navigate. Its organization makes it both a helpful reference book and also an attractive addition to anyone’s personal library.
This season, treat yourself to a copy of The Heritage Guide to the Constitution, and treat those on your Christmas list to one as well. If you order by Tuesday, you can get a 20% discount from the Townhall Book Service – and guaranteed Christmas delivery as well.