Law, Legislation and Constitutionalism

This section features books about law, criminology, crime and punishment, judicial activism, federalism, Supreme Court decisions, the US Constitution and religious liberty.  Many of these books deal with the First Amendment and questions of church/state relationships.  (Books dealing with religion and politics in a more general fashion can be found in Section Eight.)

Baker, William H., On Capital Punishment.  Chicago:  Moody Press, 1973, 1985.  166pp.

What is the Christian view on capital punishment?  What does the Bible teach on the death penalty?  Should justice be retributive?  What about forgiveness?  Does the death penalty serve as a deterrent?  These and other questions are explored in this helpful volume.  The author, a theology professor, holds that corporal punishment is biblically, morally and socially justifiable.

Berger, Raoul, Federalism:  The Founders' Design.  Norman, Oklahoma:  University of Oklahoma Press, 1987.  223pp.

The concept of federalism, in which states' rights remain sovereign over against the sovereignty of the Federal government, has been greatly weakened lately by judicial activists.  The Supreme Court justices have over-stepped their Constitutional boundaries, and have relegated much too much power to the Federal government at the expense of State and local governments.  These two evils -- judicial activism and the assault on federalism -- are expertly studied and critiqued by Berger.  Rich in historical research and documentation.

Berger, Raoul, Government By Judiciary:  the Transformation of the Fourteenth Amendment.  Cambridge, Massachusetts:  Harvard University Press, 1977.  483pp.

This volume is a critique of judicial activism in general, and an analysis of a particular example of this:  the Supreme Court's use of the Fourteenth Amendment.  "Whence does the Court derive authority to revise the Constitution?" asks Berger.  Such Constitutional revision under the guise of interpretation is a major threat to liberty under law and our democratic system.  Berger is a leading legal and Constitutional scholar.

Berns, Walter, The First Amendment and the Future of American Democracy.  New York:  Basic Books, 1976.  266pp.

The Supreme Court has gradually but steadily been eroding the basis of freedom and civil rights, argues Berns, especially in its interpretation of the First Amendment.  This book both praises the wonders and wisdom of our Constitution, and warns of the dangers of its being undermined by Court justices no longer concerned or in tune with the Founding Fathers' aims and intentions.  A provocative and insightful volume.

Berns, Walter, For Capital Punishment:  Crime and the Morality of the Death Penalty.  New York:  Basic Books, 1979.  214pp.

This is a major moral and philosophical defense of capital punishment.  Berns discusses the case against capital punishment, the question of deterrence, contemporary rehabilitation, the problem of the courts and the morality of capital punishment.  A spirited and well-reasoned defence.  Berns teaches political science at Georgetown University.

Berns, Walter, In Defense of Liberal Democracy.  Chicago:  Gateway Editions, 1984.  373pp.

In this collection of essays Berns argues that free government -- an endangered species in today's world -- requires obedience to Constitutional rules and forms in order to secure democratic rights and keep political passion within reason.  A number of topics are covered:  foreign relations;  the Constitution;  racial politics;  religion and politics;  and capital punishment.

Berns, Walter, Taking the Constitution Seriously.  New York:  Simon and Schuster, 1987.  287pp.

This helpful volume is an analysis of constitutional law and history, focusing on the original intent of the Founding Fathers and how the Constitution should today be interpreted.  A learned defense of constitutional democracy by one of today's leading experts on the subject.

Buzzard, Lynn R., Freedom and Faith:  the Impact of Law on Religious Liberty.  Westchester, Illinois:  Crossway Books, 1982.  168pp.

In this volume, 11 authors, including Charles Colson, Francis Schaeffer, Joel Nederhood and Lynn Buzzard, discuss the dangers Americans face as secularists and humanists seek to impose their philosophies and values on their country.  Topics covered include:  the criminal system;  the Constitution;  religious liberty;  church/state relations;  and the Christian response to secular humanism.  A good collection of essays.  Lynn Buzzard is Executive Director of the Christian Legal Society.

Buzzard, Lynn and Paula Campbell, Holy Disobedience:  When Christians Must Resist the State.  Ann Arbor, Michigan:  Servant Books, 1984.  248pp.

With growing hostility to religion and traditional values by the state, the authors call for civil disobedience as an option of protest.  The authors consider biblical and historical examples of civil disobedience, and assess the legal, moral and political consequences of such actions.  An informative work on an important social issue.

Buzzard, Lynn R. and Samuel Ericsson, The Battle For Religious Liberty.  Elgin, Illinois:  David C. Cook, 1982.  303pp.

In an age where "civil rights" and "liberties" are the latest buzz words, Christians are asking, "What about our rights and liberties?"  Christian freedoms are being whittled away by the courts, and denigrated by the media and intellectuals.  What can Christians do to protect their rights?  The authors discuss church/state relations, and focus on the First Amendment, in this helpful volume.  An important call to Christians to resist the forces of secularism and liberalism bent on curtailing religious liberty.  The authors are both leaders of the Christian Legal Society.

Carrington, Frank G., Neither Cruel Nor Unusual.  New Rochelle, New York:  Arlington House, 1978.  223pp.

The case for capital punishment is lucidly argued for in this volume.  Carrington sets forth the pros and cons of the death penalty debate.  Moral and legal arguments are discussed.  Supreme Court decisions are also examined.  An important and helpful defense of capital punishment.

Carrington, Frank G., The Victims.  New Rochelle, New York:  Arlington House, 1975.  326pp.

The criminal justice system in America, says Carrington, "must be considered a total failure.  It fails in its most basic obligations -- the protection of the innocent".  But this need not be the case:  "victims' rights can be recognized and protected without doing violence to concepts of fundamental fairness to the accused and of fundamental humanity to the convicted criminal".  Carrington looks at victims of crime, the permissive courts, and the death penalty;  and he offers a number of proposals for change.  A well-thought-through analysis.

Cord, Robert L., Separation of Church and State:  Historical Fact and Current Fiction.  New York:  Lambeth Press, 1982.  307pp.

Cord, who is Professor of Political Science at Northeastern University, charges in this book that recent Supreme Court decisions regarding the First Amendment have radically departed from the Founders' intentions.  This book surveys the purposes of the authors of the First Amendment, and early Presidential and Congressional policies, and shows the wide variance between them and current interpretations.  A valuable and well documented volume.

Dixon, Sir Owen, Jesting Pilate:  And Other Papers and Addresses.  Melbourne:  The Law Book Company, 1965.  275pp.

Dixon was one of Australia's leading judicial lawyers.  This volume of essays, compiled by his Honour Judge Woinarski, provides the reader with a good sampling of Dixon's wisdom, learning and professionalism.  Some of the topics covered include:  the law and the Constitution;  sources of legal authority;  similarities and contrasts between the American and Australian Constitutions;  international law;  and common law and the Constitution.  Dixon was Justice and Chief Justice of the High Court of Australia, and died in 1972.

Eidsmoe, John, The Christian Legal Advisor.  Milford, Michigan:  Mott Media, 1984.  578pp.

This is an "everything you always wanted to know" book on legal counsel for Christians.  It is a comprehensive and well researched volume.  There are major sections on the First Amendment, schooling, abortion and humanism.  A very helpful book and a very practical handbook.  Eidsmoe is an ordained minister and a professor of law.

Fitzpatrick, James K., God, Country and the Supreme Court.  Chicago:  Regnery Books, 1985.  217pp.

This book is an historical and moral assessment of the First Amendment.  Fitzpatrick argues that today's Supreme Court rulings are far removed from the original intent of the framers of the Constitution.  A helpful historical overview ol church/state relations, with a concluding chapter on abortion.  A readable and educated work.  Fitzpatrick has written several books, and lives in upstate New York.

Goldberg, George, Reconsecrating America.  Grand Rapids, Michigan:  William B. Eerdmans, 1984.  145pp.

This work is a discussion of church/state relations in America.  Goldberg argues that recent decisions of the Supreme Court have undermined and perverted the principles of the First Amendment, resulting in increased hostility to religion by the federal government.  Goldberg is a lawyer and author of numerous works on legal subjects.

Hamilton, Alexander, James Madison and John Jay, The Federalist Papers.  New York:  A Mentor Book, 1961.  560pp.

This of course is the first and most profound analysis of the Constitution of the United States, written between October 1787 and August 1788.  It is not only the most authoritative commentary on the Constitution, but is also a most remarkable work in political theory.  As fresh and pertinent today as when it was first written.

Horan, Dennis J., Edward R. Grant and Paige C. Cunningham, eds., Abortion and the Constitution:  Reversing Roe v. Wade Through the Courts.  Washington, DC:  Georgetown University Press, 1987.  374pp.

The Supreme Court should decide cases, not implement its own policy choices, as in the 1973 Roe v. Wade ruling.  This volume looks at the legal, logical and historical flaws of that momentous decision.  Eleven scholarly articles by leading legal minds discuss background and perspectives on abortion;  historical evaluations of Roe and abortion;  and strategies for bringing about its reversal.  An important work of scholarship and moral concern.  The editors are all leaders of the Americans United for Life Legal Defense Fund.

Huber, Peter W., Liability:  The Legal Revolution and its Consequences.  New York:  Basic Books, 1988.  260pp.

Huber, a leading liability expert, examines how tort law -- the law of accidents and personal injury -- has gotten wildly out of control in America during the past several decades.  This revolution in liability law "has benefited almost no one but the lawyers who run it.  It has reached a point where even the most progressive and urgently needed reforms will be hard to accomplish, because the framework of law needed to support them has eroded so badly."  An important warning about a dangerous trend, with some promising solutions provided.  Huber is a Senior Fellow at the Manhattan Institute.

James, Michael, ed., The Constitutional Challenge.  Sydney:  Centre for Independent Studies, 1982.  166pp.

A collection of essays exploring the current and possible roles of the Constitution in Australian politics, from a basically free-enterprise-liberal point of view.  James observes that while the Constitution did not prevent the growth of Big Government in the 1970s, it still "helps protect a spontaneously exuberant economy from the centralizing ambitions of Canberra."  Specific topics considered include constitutional protections for property rights and the importance of restraints upon taxation.

McDonald, Forrest, A Constitutional History of the United States.  New York:  Franklin Watts, 1982.  307pp.

This is a fine work on American history written by a leading Constitutional authority.  Written as a college textbook, this is fascinating and important reading.  Based on the latest findings in research, this volume traces the rise and development of the Constitution down to the present age.  This is an excellent way to study American history and understand the complex development and interpretations of Constitutional law.

McDonald, Forrest, E Pluribus Unum:  The Formation of the American Republic 1776-1790.  Boston:  Houghton Mifflin, 1965.  326pp.

This is a lively and informative narrative of the events surrounding the founding of the US government from the gathering at Philadelphia in 1776 through the framing of its Constitution.  This volume presents the fascinating story of the men and the motives behind the Republic's formation.  A masterful piece of history, as well as an absorbing narrative.  McDonald is a leading Constitutional historian who currently teaches at the University of Alabama.

McDonald, Forrest, Novus Ordo Seclorum:  The Intellectual Origins of the Constitution.  Lawrence, Kansas:  University Press of Kansas, 1985.  359pp.

Here is an astute, scholarly and perceptive study of the political thought that resulted in the framing of the US Constitution.  It is at once a book on Constitutional history, political economy, jurisprudence and political theory.  McDonald's research is detailed and sweeping;  his writing is clear and pleasurable;  and his learning is balanced and thorough.  This is a very fine book, and certainly timely with the recent bicentennial of the framing of the Constitution.

Miller, William Lee, The First Liberty:  Religion and the American Republic.  New York:  Alfred A. Knopf, 1985.  373pp.

This is an important historical study of the Founding Fathers and the development, and enactment into law, of the principle of religious liberty.  Given special attention are Thomas Jefferson, James Madison and Roger Williams.  Miller also examines how religious liberty has fared during the past two centuries.  Miller is Professor of Religious Studies at the University of Virginia.

Moens, Gabriel, Affirmative Action:  The New Discrimination.  Sydney:  Centre for Independent Studies, 1985.  112pp.

Moens does not deny that unfair racial, ethnic and sexual discrimination has been and continues to be a problem in Australia;  but he questions whether "affirmative action" plans are the best way of addressing the problem.  He sees the theoretical distinction between "hard" and "soft" affirmative action being blurred in practice;  "targets" being applied in such a way that they become de facto quotas;  the language of equal opportunities being used to legitimate policies of equal outcomes.  A controversial and thought-provoking study.

Morgan, Richard E., Disabling America:  The "Rights Industry" in Our Time.  New York:  Basic Books, 1984.  245pp.

The burgeoning civil rights industry is fast separating itself from traditional Constitutional constraints and becoming an untamed monster affecting all aspects of our society:  religious, social, educational and judicial.  Morgan chronicles this drift and calls for its reform.  An important examination of constitutional law and a fine critique of civil libertarianism.

van Ness, Daniel W., Crime and Its Victims.  Downers Grove, Illinois:  Inter Varsity Press, 1986.  240pp.

This is one of the few good books written on the criminal justice system by an evangelical.  Van Ness looks at the problems of the courts and prison system, and offers workable proposals for reform.  Both offenders and victims are taken into consideration.  Biblical principles which relate to punishment, deterrence, restitution, rehabilitation and prevention are examined.  A very fine book.

Newman, Graeme, Just and Painful:  A Case for the Corporal Punishment of Criminals.  New York:  Macmillan, 1983.  163pp.

Without pain there can be no punishment, argues Newman.  Corporal punishment is an indispensable component of the criminal justice system.  This book is a vigorous argument for corporal punishment, and a critique of the prevailing wisdom in criminal law.  Well documented and carefully argued.  Newman teaches criminology at the State University of New York.

Sowell, Thomas, Civil Rights:  Rhetoric or Reality?  New York:  William Morrow, 1984.  164pp.

This book examines the past three decades of government desegregation programs, and concludes that they have failed to achieve their goals.  Racial equality has not been helped by busing, affirmative action and equal opportunity programs, Sowell argues.  A well-documented and well-written indictment of federal attempts at achieving social justice.  Thomas Sowell is black, a former Marxist, and presently a Senior Fellow at the Hoover Institution, Stanford University.

Stanmeyer, William A., Clear and Present Danger:  Church and State in Post-Christian America.  Ann Arbor, Michigan:  Servant Books, 1983.  219pp.

Christianity and traditional moral values are under attack in modern society, says Stanmeyer.  Recent Supreme Court decisions have expressed a growing secularist and humanist outlook which is inimical to religious and moral principles.  Stanmeyer urges Christians to become involved in politics, the media, law, education, and culture.  Stanmeyer has taught law at a number of universities.

Van den Haag, Ernest, Punishing Criminals:  Concerning a Very Old and Painful Question.  New York:  Basic Books, 1975.  283pp.

This is a major work in support of retributive justice.  Van den Haag treats a number of important subjects:  the necessity of punishment;  the causes of crime;  corporal punishment and the death penalty;  the nature of criminals;  deterrence;  and the prison system.  This is an important volume which shows the logical, moral and judicial necessity of punishment.  A valuable contribution to the subject of criminal justice.

Van den Haag, Ernest and John P. Conrad, The Death Penalty:  A Debate.  New York:  Plenum Press, 1983.  305pp.

This volume contains a comprehensive and learned discussion of the complex subject of capital punishment.  Van den Haag, a leading conservative, takes the pro position, while Conrad, a respected liberal, takes the con position.  This is one of the most detailed, well-researched and carefully argued cases for and against the death penalty currently available.  Van den Haag teaches law and public policy, and is a Distinguished Scholar at the Heritage Foundation.

Walker, Geoffrey de Q., The Rule of Law:  Foundations of Constitutional Democracy.  Melbourne:  Melbourne University Press, 1988.  475pp.

This is a comprehensive study of the idea of "the rule of law", including the problems involved in defining it, its historical evolution, and the forces and legal theories which challenge it.  Walker devotes several chapters to the new ruling elite and its vanguard, the Critical Legal Studies movement;  but he identifies other threats to the rule of law, including well-intentioned supporters who mistakenly equate the doctrine with mere law and order.  A work of dazzling erudition.

Walker, Geoffrey de Q., Initiative and Referendum:  The People's Law.  Sydney:  Centre for Independent Studies, 1987.  220pp.

Interest in greater popular involvement in decision-making has spread throughout the West in the last twenty years.  Walker, Professor of Law at the University of Queensland, scrutinizes the philosophical and technical objections to citizen-initiated referenda, and finds them all wanting.  He traces the history of "direct legislation" and identifies the constitutional and procedural arrangements necessary to make it work.  He argues that, despite the '60s radicals' devotion to "participation", the record suggests that citizen-initiated referenda are not inherently "left-wing."

Whitehead, John W., The Second American Revolution.  Elgin, Illinois:  David C. Cook Publishing, 1982.  253pp.

This is an evangelical Christian appraisal of American law and government.  Church and state relations;  the courts;  the media;  religious freedom;  secularism and humanism;  abortion;  the First Amendment;  and the nature of law are some of the topics covered.  A helpful introduction to some important issues of our day.

Whitehead, John W, The Separation Illusion:  A Lawyer Examines the First Amendment.  Milford, Michigan:  Mott Media, 1977, 1982.  209pp.

Whitehead and his organization, the Rutherford Institute of Virginia, are very much involved in legal cases concerning church and state relations, so this is a very practical work.  A good examination of the issues involved, with a call for a Christian response to the erosion of religious liberties in America today.

Whitehead, John W., The Stealing of America.  Westchester, Illinois:  Crossway Books, 1983.  158pp.

In this volume Whitehead shows how growing state interference in religious, educational and social spheres has resulted in a steady erosion of religious and Constitutional freedoms.  He argues that increasingly secular and humanistic philosophies and policies are threatening traditional moral and religious values in America.  He also calls the Christian church to wake up to this threat, and begin to fight for the values and freedoms it cherishes.

Wilson, James Q., Thinking About Crime.  New York:  Basic Books, 1975.  231pp.

In this ground-breaking work, Wilson argues that crime is not largely due to social factors such as poverty or unemployment.  Instead, crime is chiefly the result of rational, calculated behaviour.  Rather than concentrate on supposed causes of crime, we must respond to crime in terms of minimizing the rewards of criminal activity.  This is a well-written and clearly argued antidote to the many theories which regard crime as sickness and criminals as diseased.  Wilson teaches government at Harvard University.

Wilson, James Q. and Richard J. Herrnstein, Crime and Human Nature.  New York:  Simon and Schuster, 1985.  639pp.

In this important volume Wilson and Herrnstein (who teaches psychology at Harvard) make major new contributions to the social sciences in general, and criminology in particular.  Who commits crime? -- and why?  This book seeks to answer these questions based on meticulous research in a number of areas.  The authors argue that crime is basically the result of individual choice, although they recognize the role played by genetic predispositions and social learning.  This book is filled with extensive documentation and innovative conclusions.  No discussion of criminology can omit this book.