The Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land

The Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land

Andrew P. Napolitano

Language: English

Pages: 320

ISBN: 1595550704

Format: PDF / Kindle (mobi) / ePub


What ever happened to our inalienable rights?

The Constitution was once the bedrock of our country, an unpretentious parchment that boldly established the God-given rights and freedoms of America. Today that parchment has been shred to ribbons, explains Fox News senior judicial analyst Judge Andrew P. Napolitano, as the federal government trounces state and individual rights and expands its reach far beyond what the Framers intended.

An important follow-up to Judge Napolitano's best-selling Constitutional Chaos, this book shows with no-nonsense clarity how Congress has "purchased" regulations by bribing states and explains how the Supreme Court has devised historically inaccurate, logically inconsistent, and even laughable justifications to approve what Congress has done.

It's an exciting excursion into the dark corners of the law, showing how do-gooders, busybodies, and control freaks in government disregard the limitations imposed upon Congress by the Constitution and enact laws, illegal and unnatural, in virtually every area of human endeavor.

Praise for The Constitution in Exile from Left, Right, and Center

"Does anyone understand the vision of America's founding fathers? The courts and Congress apparently don't have a clue. But Judge Andrew P. Napolitano does, and so will you, if you read The Constitution in Exile."-BILL O'REILLY

"Whatever happened to states rights, limited government, and natural law? Judge Napolitano, in his own inimitable style, takes us on a fascinating tour of the destruction of constitutional government. If you want to know how the federal government got so big and fat, read this book. Agree or disagree, this book will make you think."-SEAN HANNITY

"In all of the American media, Judge Andrew P. Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution, very much including the Bill of Rights. Increasingly, our Constitution is in clear and present danger. Judge Napolitano--in The Constitution in Exile--has challenged all Americans across party lines to learn the extent of this constitutional crisis." -NAT HENTOFF

"Judge Napolitano engages here in what I do every day on my program-make you think. There's no question that potential Supreme Court nominees and what our Constitution says and doesn't say played a major role for many voters in our last couple of elections. What the judge does here is detail why the federal government claims it can regulate as well as tax everything in sight as it grows and grows. Agree or disagree with him-you need to read his latest book, think, and begin to arm yourself as you enter this important debate." -RUSH LIMBAUGH

"At a time when we are, in Benjamin Franklin's words, sacrificing essential liberty to purchase a little temporary safety, here comes the judge with what should be mandatory reading for the executive branch cronies who are busy stealing power while they think we're not watching. Thank goodness the judge is watching and speaking truth to power. More than a book, this is an emergency call to philosophical arms, one we must heed before it's too late." -ALAN COLMES

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pronounces and secures them, just as an anchor secures a boat. Similarly, the Constitution of the United States also does not grant rights, but rather recognizes their existence, guarantees their exercise, and requires the government to protect them. Just look at the First Amendment to the Constitution: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech. . . .” This clearly reveals that the authors of

Nebbia, which dealt with state regulatory legislation. But in Railroad Retirement Board v. Alton Railroad (1935), Justice Roberts swung to the conservative side of the Court, creating the majority to overrule the Railroad Pension Act. The Court considered the question of whether “under the power to regulate commerce between the States Congress may require the carriers to make some provision for retiring and pensioning their employees.” If so, then the Court would consider whether the provisions

regulation.” In other words, if everyone grew wheat in their backyard then this would have a “substantial effect on interstate commerce.” Even though Filburn’s wheat in fact had no discernable effect on interstate commerce, the Court held that Congress could still regulate it. In the opinion of the Court, Congress’s power “extends to those intrastate activities which [when added to other similar activities] in a substantial way [may] interfere with or obstruct the exercise of the granted power.”

his illegal confinement, the government had him indicted on criminal charges in Miami and sought permission to bring him there. The judges of the Fourth Circuit Court of Appeals, before whom the government had argued that Padilla was too dangerous to speak to a lawyer, much less be in the general prison population, were furious and accused the Department of Justice of attempting to manipulate the court system. But the Supreme Court let the government proceed as it wished. The case of his illegal

of sex. Congress shall have power to enforce this article by appropriate legislation. Amendment 20 Section 1. The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. Section 2. The Congress shall assemble at least once in every year,

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