The Naked Constitution, by Adam Freedman

November 10, 2013 at 11:36 (Book Reviews, Philosophy, Politics, Poorly Rated Books) (, , )




“What the Founders said and why it still matters” is the proclamation emblazoned on the front of this ponderous new diatribe. Would that this boast were true! It can be difficult for non-Americans to understand (viscerally if not intellectually) why the United States stands so fiercely and so doggedly to its historical codifications, and a passionately-written explanation of why this might be the case is an interesting and compelling prospect.

Alas! For Adam Freedman does not address his book to the earnest seeker, but rather to the confirmed disciple. Like a new convert turning to a book of theology only to be driven thence by sludgy discussions on the Greek translation of parousia, readers of The Naked Constitution will be confronted almost immediately by a schoolyard bicker about whether conservatives or liberals are true “originalists”. There is not really an honest attempt to explain how the determination of “original intent” is uncovered, nor even to explain why original intent is even important.

“Despite all evidence to the contrary, anti gun zealouts insist that their narrow reading of the Second Amendment is the true ‘originalist’ reading.”

-The Naked Constitution

In examining the general mindset of men over two centuries dead, it might be expected that the politics of the olden days would take precedence, but instead this book is firmly entrenched in scouring through court decisions and bills passed in the last two decades–particularly under Clinton and under Obama. And that is the real meat and bones of this tract. It is a fiercely partisan denunciation of liberalism in the early twenty-first century, and little else. It makes some very good points and some poorer ones; it descends to pettiness as often as it makes honest and thought-provoking points. But it emphatically does not answer the thorny issue so proudly displayed on its cover. If anything, it proves only that the United States Constitution is irrelevant as a basis for government, as it can be (and is) dissected and patched back together by liberals and conservatives alike, to serve their own particular interests. In one or two shameless slip-ups, Freedman does exactly this, mentioning in passing that such-and-such constitutional idea cannot really apply in today’s world, and ought to rather mean so-and-so.

Besides this, there are the same old tired political talking points that obsess modern commentators so: the anachronistic gun-worship, the quibbling and complaining about nineteenth-century federalism, bickering about the division between church and state, and where the lines are drawn, and how thickly, and by whom. There is a great deal to value in this book, but it is either irritatingly dishonest, or else an abysmal failure in its central point and intention. Ultimately, that makes it just another run-of-the-mill polemic, and while interesting on its own merits, it has nothing to distinguish it from a hundred other books of the same shade.

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