Constitutional Chaos: What Happens When the Government Breaks Its Own Laws

This is a very well-written and insightful book that will shock many people who are unaware of the government's own blatant and flagrant abuses of the law. This recent interview with Judge Napolitano gives a good idea of what you will find in this bok. Pittsburgh Tribune Review October 8, 2005 Saturday LENGTH: 1725 words HEADLINE: Freedom, 'the default position' BYLINE: Bill Steigerwald BODY: Judge Andrew Napolitano, who appears as a legal analyst on more Fox News Channels shows than anyone can count, is a judge no more. But before he became the most steadfast defender of civil liberties on TV, Napolitano was a life-tenured Superior Court judge in New Jersey who saw the serial abuse of government power every day in his courtroom. His 2004 book, "Constitutional Chaos: What Happens When the Government Breaks Its Own Laws," details those abuses. With cover-blurbs from both Rush Limbaugh and Nat Hentoff, it also explains his political journey from a super-hawkish Richard Nixon supporter during his undergraduate days at Princeton University in the late 1960s to "a born-again individualist" who says the Patriot Act is "the most abominable assault on human liberty by the Congress since the Alien and Sedition Acts of 1798." Napolitano, a regular or "The Big Story with John Gibson" and "The O'Reilly Factor," calls himself "a small-government Barry Goldwater Republican who believes in maximum individual liberty." When I talked to him by phone from his offices in New York on Oct. 5, he was still underwhelmed by President Bush's nomination of Harriet Miers to the Supreme Court. Q: Will Miers hurt or help the health of the Constitution? A: That's a great question. I am what people refer to as an "originalist," meaning I believe the Constitution means the same thing today as the day it was written. In fact, the whole purpose of a written constitution is to prevent it from changing as attitudes and majorities change. I don't believe that Ms. Miers shares that view. If she shares the view of the big-government conservative Republicans, which basically is Congress can do whatever it wants, then the health of the Constitution will be impaired by her selection. On the other hand, if she shares the view that the Constitution means what it says, that Congress cannot exceed the 18 specific, enumerated, delegated powers given to it in the Constitution, and that guaranteed rights are simply that - guarantees - then the health of the Constitution will be enhanced by her selection. But because she is the stealth candidate, it might be 10 years before we really know how she has affected the interpretation of the Constitution! Q: What is the sound-bite synopsis of your book "Constitutional Chaos"? A: You and I are having a conversation, Bill, and there's no judge, no jury, no courtroom, no stenographer. It is inconceivable that either one of us would go to jail because of what one of us says to another. Martha Stewart was having a conversation with an FBI agent. The

Judge Napolitano is a regular contributor on FoxNews, and can be relied upon as one who truly strives to be fair and balanced. In this book, he seeks to do that by analyzing how the Constitution is fairing in recent judicial times. His judgment is that it is chaos. He believes in natural law basis which then gives inalienable rights, that is rights that cannot be overturned or suspended for the sake of majority vote. He emphasizes at the end that we are a republic, not a democracy just so that the majority cannot take away individual rights. He sees this happening in many areas of our judicial system: right to bear arms, free speech, bribery of witnesses, breaking law to enforce, etc. In these, he provides examples, not just theory. Those interested might check out John Warwick Montgomery's book: Law Above the Law. He then takes on the current administration for their suspending rights due to terrorism prevention. This is only area the Judge makes which does not have my full support. There must be more(hopefully so) to the story than we know. Yet, that too is scary part because can the government hide behind national security interests and strip ordinary citizens? Napolitano makes a strong point here: "We are a nation of laws, not men, and no president is president forever." This will truly get one thinking. His chapter on "What We Can Do?" is enlightening.

I was very surprised by this book, even though I am not usually in agreement with people who are on Fox News. I knew that Judge Napolitano spoke out about people and individual liberty, especially the U.S. government's abuse (Janet! Reno!) in the Elian Gonzalez case, and the Elian case is discussed a lot in this book. Judge Napolitano also easily explains the law and the Constitution, so people can understand the Ashrcroft abuses, but I did not expect so much power in this book. I had no idea that Judge Napolitano had such a strong individual liberty streak. This book recounts so many horrible, awful stories of government abuse of people that we should all be worried. The terrorists are not only abroad. Some work for your government. This is the kind of book that, once you read it, you have to stop and think, what country do I live in? I thank Judge Napolitano for bringing out these abuses by our government so that people will finally start to look twice at their police, judges, mayors, etc. You have to make sure they they are really working in your interest and not just throwing around their power. If you don't, they will run over you. I think this book is a very important reminder to U.S. citizens of what their government is supposed to do and what it is NOT supposed to do. Thank you, Judge Napolitano.

Wow - In this book, Judge Napolitano from FOX News reminds you of the harsh news stories you forgot and tells you of the horrible news stories you never knew. The underlying theme connecting them all is that our own government officials at every level - federal, state, local - abuse their power and run roughshod over the law all the time, allegedly in the name of enforcing the law. It's enough to make you wonder which type of criminals you have to worry more about - - the ones you elect and pay with your tax dollars or the ones your "so-called" civil servants spend all their time (and your money) chasing after. For my tax dollar, I'd rather see the government police itself! This book is a lesson to everyone why we need a smaller government that doesn't try to invade every aspect of our lives and pervert the law in the process! You don't have to be a lawyer to enjoy this book, since Judge Napolitano is speaking to all of us when he explains in basic terms how law enforcement and government in general in this country is out of control and needs to be stopped. This book will be a great education to many people in your family.

This is a must read for anyone who cares about liberty and freedom in America, whether you are conservative or liberal, red state or blue state. Judge Napolitano highlights gross abuses of power by the police, by prosecutors, by local governments, by the Attorney General-- and even by judges-- that should make us all shiver, especially in this age of increased government surveillance and enforcement power used supposedly in the name of our safety. Judge Napolitano clearly explains the law and our rights-- and the threat to those rights posed by over-reaching government officials. This book is incredibly compelling and should serve as a strong wake-up call.