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Title: On Constitutional Disobedience
Author: Louis Michael Seidman
Narrator: Winslow Thomas
Format: Unabridged
Length: 5 hrs and 47 mins
Language: English
Release date: 12-17-13
Publisher: Audible Studios
Ratings: 4 of 5 out of 5 votes
Genres: History, American
Publisher's Summary:
What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop.
In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum - left and right - shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues.
One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.
Members Reviews:
Four Stars
Important and eye opening book!!
Readable and simple to follow -- lots to think about!
Imagine a lawyer who writes so entertainingly about the law! He makes a provocative argument and does his best to stay away from personal politics. This would make a superb book club book. If you can get your members to read it, they'll enjoy it and have lots to discuss!
Good point, but could have been better written
He had a good point, but he could have said it much better than he did. I think this book is based on an article he previously wrote. I'd recommend just reading the shorter article.
Ultimately Untenable Thesis, But Worthwhile
I tend to view Seidman's thesis less as a product of sincere belief than as a dialectical exercise intended to lead to a deeper understanding of constitutional law.