Eleanor Finch
In her book, How to Read the Constitution—and Why, Kimberly Wehle, a lawyer, law professor, and legal contributor for ABC News, provides a comprehensive guide to understanding the United States Constitution. Wehle, who has also served as an Assistant United States Attorney and Associate Counsel in the Whitewater Investigation, offers readers a unique perspective on the Constitution's significance. Her book covers a range of topics, from the powers of the President to individual rights, and explains why it is crucial for Americans to understand and protect the Constitution to safeguard their freedoms.
| Characteristics | Values |
|---|---|
| Author's background | Law professor, constitutional scholar, lawyer, legal analyst, and former Assistant United States Attorney |
| Book's purpose | To explain the meaning of the Constitution and why it matters |
| Target audience | General readers, especially those who want to understand the Constitution's role and protect individual freedoms |
| Writing style | Clear, simple, and common sense language with analogies and poetry for layperson understanding |
| Topics covered | Powers of the President, three branches of government, individual rights (free speech, right to bear arms, freedom from unreasonable searches), erosion of protections, and more |
| Length | 353 pages |
| Publication date | June 25, 2019 |
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What You'll Learn
The Constitution's protections are eroding
In her book "How to Read the Constitution and Why", legal expert and educator Kim Wehle explains how the protections of the US Constitution are eroding. Wehle argues that the protections are eroding not only in express terms but also by virtue of the many legal and social norms that no longer shore up its legitimacy. She highlights the importance of understanding the Constitution and its role in our lives, especially in maintaining an accountable government and protecting individual freedoms.
One example of the erosion of Constitutional protections is the expansion of federal government powers. The Constitution's Bill of Rights was designed to strictly limit the powers of the federal government to those delegated to it in the Constitution. However, over time, the federal government has expanded its powers significantly. For instance, the 16th Amendment granted Congress the power to tax income, and Congress subsequently passed a debt-limit law to facilitate borrowing against future revenues. This marked a departure from the original intent of the Constitution, which limited the government's ability to borrow money and ensured accountability through voting on each debt issue.
Another example of the erosion of Constitutional protections can be found in the executive branch. Former President Trump has expressed disdain for the Constitution, believing that it is fundamentally flawed. He has claimed that due process protections should not apply to his zero-tolerance immigration policy and that he has the right to pardon himself of any criminal wrongdoing. Trump's administration also refused to condemn his attacks on the Constitution and the rule of law, further undermining its protections.
Additionally, Wehle's book discusses the role of voters and legislators in preserving Constitutional protections. She reveals how dictators can take over when voters and legislators fail to act, emphasizing the importance of vigilance in upholding democratic principles. The book also covers the powers of the three branches of government and how they are designed to hold each other accountable.
The erosion of Constitutional protections extends beyond the express provisions of the document. Legal and social norms that once reinforced the legitimacy of the Constitution are no longer as robust. For instance, the First Amendment guarantees freedom of speech, freedom of religion, and the right to assemble. However, the balance between liberty and security has become increasingly complex, and the evolution of protected expression in speech, art, and demonstration continues to be debated.
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The three branches of government
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The Legislative Branch is responsible for making laws and is made up of Congress, which consists of two houses: the Senate and the House of Representatives. The number of representatives in the lower house is based on population, while the upper house has equal representation by states, with two senators representing each state.
The Executive Branch is responsible for enforcing the laws of the nation. It is headed by the President, who is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. The President is supported by the Vice President, who takes on the role of President if the former is unable to serve. The Vice President also presides over the Senate and breaks ties in Senate votes. The Cabinet serves as advisors to the President.
The Judicial Branch is responsible for interpreting the laws and includes the Supreme Court and nine Justices. These Justices are special judges who interpret laws according to the Constitution and only hear cases pertaining to constitutional issues. The federal judicial system also includes lower courts located in each state to hear cases involving federal issues.
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Individual rights
In her book, "How to Read the Constitution—and Why," author, lawyer, law professor, and legal contributor for ABC News, Kim Wehle, offers an ideal shortcut to constitutional fluency. The book covers the significant aspects of the Constitution, including the structure of the government, the functions of all three branches of government, and the individual rights protected under the constitutional Amendments.
The individual rights protected by the Constitution include the right to free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. These rights are guaranteed by the Bill of Rights, which is the first ten Amendments to the Constitution. The Ninth Amendment further states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people that are not explicitly mentioned.
The inclusion of the Bill of Rights was a result of the Anti-Federalists' desire to safeguard individual liberty and limit the power of the federal government. James Madison, a member of the U.S. House of Representatives at the time, proposed amendments to the Constitution to address these concerns. The House approved 17 amendments, of which the Senate approved 12, which became the Bill of Rights.
Wehle's book emphasizes the importance of preserving the Constitution and its protections for individual rights. She argues that the Constitution's protections are eroding due to changing legal and social norms, and that this poses a threat to American democracy. Wehle's interpretation of the Constitution and individual rights leans left, which has resulted in some criticism from right-leaning individuals. However, her book provides an accessible and informative guide to understanding the Constitution and the rights it guarantees to individuals.
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How dictators take power
In her book, "How to Read the Constitution and Why", Kim Wehle explains how dictators take power when voters and legislators fail to act.
Dictatorships are often unexpected and can arise among prosperous, educated, and cultured people. For instance, Hitler's rise to power in Germany was facilitated by a series of misguided policies that created obstacles to enterprise and led to the Great Depression. He took advantage of the crisis to gain political power and consolidate unlimited power before anyone could stop him. Similarly, aspiring dictators today may exploit national emergencies or crises to demand arbitrary power and restore order, even if they themselves caused the underlying problems through bad policies.
Most dictatorships are formed through military means or a political party. Nearly half of all dictatorships start as military coups, while others are the result of foreign intervention, elected officials ending competitive elections, insurgent takeovers, popular uprisings by citizens, or legal maneuvering by autocratic elites. In the case of one-party dictatorships, which gained prominence during the Cold War, power is often concentrated in the hands of a single ruler, who may impose an ideology and repress any opposition to maintain control.
To maintain power, dictators typically employ intimidation tactics, such as repressing opposition, controlling communications, punishing critics, and blocking cross-border flows of people and information. However, in the 21st century, the typical dictator has evolved from a totalitarian tyrant to a suave manipulator who manipulates information to control citizens and maintain power.
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The Constitution's role in modern life
The US Constitution is the most significant document in America, outlining the powers of the President and the three branches of government, as well as the rights of individuals. However, in recent times, the Constitution has faced numerous challenges and threats, with some arguing that it is no longer fit for purpose in modern life.
Legal expert and educator, Kim Wehle, in her book, 'How to Read the Constitution and Why', offers an insightful and accessible analysis of the Constitution, explaining its meaning and why it is so important. Wehle's work is particularly relevant in the context of the Trump administration, which has been marked by a disregard for constitutional norms and an erosion of the Constitution's protections. Wehle highlights how Trump's actions, such as his zero-tolerance immigration policy and his belief that he cannot obstruct justice, threaten the very fabric of American democracy.
Through her work, Wehle translates the complex language of the Constitution into layperson-friendly terms, making it accessible to a wider audience. She uses analogies and references to everyday situations to explain the document's structure and the rights it guarantees. This approach helps readers understand the practical implications of the Constitution and its role in their lives.
Wehle's book is a valuable resource for anyone who wants to understand the Constitution and its relevance in modern times. It provides a detailed explanation of the document's content and the ways in which it is interpreted and applied in practice. By reading Wehle's work, individuals can gain a deeper appreciation of the Constitution's significance and the need to protect its principles and values in the face of contemporary challenges.
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Frequently asked questions
The book includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion.
The book is written by Kimberly Wehle, an author, lawyer, law professor, and legal contributor for ABC News. She has also been a contributor for CBS News, BBC World News, and PBS.
The book is for anyone who wants to understand how the US Constitution works and how its protections are eroding. It is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America, regardless of political party.
The book can be purchased on Amazon in both Kindle and paperback formats.
![A Catechism of 101 basic ideas [by] Dr. Frank Wehle. 1946 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
