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Book Review: Constitutional Chaos

Sometimes the Constitution makes strange bedfellows. As is the case with this book review of Fox News' Senior Judicial Analyst Andrew Napolitano's book, Constitutional Chaos: What Happens When the Government Breaks Its Own Laws, by Cato director Timothy Lynch, in of all places, the right-leaning American Spectator, and TalkLeft, a liberal, criminal defense-oriented site.

From Lynch's review:

NAPOLITANO HAS EARNED RESPECT from lawyers across the political spectrum because of his nonpartisan approach to legal and constitutional analysis. He has wisely brought the neutrality that everyone expects from a judge to his job as a commentator at the Fox Network and to his book about the Constitution. He calls 'em as he sees 'em. Thus, in some places he criticizes Janet Reno; in other places, John Ashcroft. And it is refreshing to see a judge defend not only the First Amendment, but the Second Amendment as well. Napolitano reminds the reader that we ought not to take a cafeteria approach to our constitutional liberties. Hear, hear.

When a vacancy opens up on the Supreme Court, the media will focus on the Roe v. Wade precedent, but Judge Napolitano recognizes that a broader perspective is necessary to understand what is really at stake. If judges fail in their duty to defend the Bill of Rights, government officials will run amok, constitutional corruption will flourish, and the land of the free will slide into chaos. Thus, what we really need is a clear-eyed defender of the Constitution, someone who is willing to defend a constitutional principle even when it is unpopular to do so.

The positions of Libertarians and liberal criminal defense attorneys often merge on issues such as forfeiture abuse, the drug war, search and seizure (particularly when exceptions are made for warrrantless police searches in the name of "good faith".)

It's why many times we link to Nat Hentoff's Village Voice columns--like when he's bashing Ashcroft or torture --but other times, when he is defending judges we find indefensible, we don't. I think Judge Napolitano's book will be a good read, and Mr. Lynch has convinced me to get a copy.

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    Re: Book Review: Constitutional Chaos (none / 0) (#1)
    by Talkleft Visitor on Fri Feb 18, 2005 at 10:43:20 AM EST
    I think I'm going to pick this book up now. Thanks for the preview! The New Democrat

    Re: Book Review: Constitutional Chaos (none / 0) (#2)
    by glanton on Fri Feb 18, 2005 at 11:37:53 AM EST
    From what I've seen of him on television, I think I'd just about rather floss with cardboard as read a book by Andrew Napolitano. He is not "nonpartisan" at all.

    Re: Book Review: Constitutional Chaos (none / 0) (#3)
    by Walter on Fri Feb 18, 2005 at 03:56:27 PM EST
    I've seen the commentators on Fox "steer" Napolitano around the issue being discussed to better fit in with their own agenda. He gives them what the want.

    Re: Book Review: Constitutional Chaos (none / 0) (#4)
    by Talkleft Visitor on Sun Feb 20, 2005 at 11:25:10 AM EST
    I have read Judge Napolitano's "Constitutional Chaos" and will tell you that it is anything but partisan. It attacks the government -- cops, prosecutors, judges -- of any political party -- for gross abuses of power and disregard of the Constitution, including violations of the 1st, 2nd, 4th and 5th amendments, statutes, adminsitrative regulations, local ordinances and just common decency. The whole second half of the book is devoted entirely to blasting the Bush administration's trampling of civil liberties since 9/11, including abuses at Guantanamo, racial profiling of Muslims, the Lynne Stewart travesty, bogus "enemy combatant" designations and other overreaching and unjustifiable abuses of human rights and civil libterties in the governemnt's single-mineded campaign to score some victory in the so-called "war on terror." The book is unrelenting of its criticisms of government excesses -- whether perpetrated by Janet Reno or John Ashcroft -- so "partisan" it is not. If you care about the rights of criminal defendants and protections of civil liberties, you will love this book. And it is all the more surprising and welcome because these tirades against the government come from a Fox News commentator. Who knew?

    Re: Book Review: Constitutional Chaos (none / 0) (#5)
    by Talkleft Visitor on Tue Feb 22, 2005 at 10:36:04 PM EST
    RE: ABOVE Only an individual who truly believes that FOX NEWS is a bastion of NEO CON ideology would even think of commenting, "who knew?" Do you drink a lot of cool aid?

    Re: Book Review: Constitutional Chaos (none / 0) (#6)
    by Talkleft Visitor on Thu Feb 24, 2005 at 07:52:45 AM EST
    Your point being?