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.
| < Documents Describe Torture at Bagram in Afghanistan | Ken Salazar: Still a Democrat? > |





