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

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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

322 pages, Kindle Edition

First published April 18, 2006

17 people are currently reading
354 people want to read

About the author

Andrew P. Napolitano

19 books145 followers
Andrew Paolo Napolitano is a former New Jersey Superior Court Judge. He is a political and senior judicial analyst for Fox News Channel, commenting on legal news and trials. Napolitano started on the channel in 1998. He is a Libertarian and a strong advocate of the Constitution, viewing it as a contract that must, according to rule of law, be interpreted the way its authors intended or else be invalid. He therefore asserts that the Federal government has a very limited set of powers, that it is exceeding, and that the Bill of Rights limits its valid actions in all circumstances.

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5 stars
85 (35%)
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96 (40%)
3 stars
43 (17%)
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Displaying 1 - 23 of 23 reviews
3 reviews
April 9, 2009
a technical look at the leftest court that has croupted the founding documents.
Profile Image for Rick.
371 reviews1 follower
January 13, 2018
This was a very eye-opening book. It seems that no matter who is in power they seem to want to increase their control over the people. The Constitution is one of the stumbling blocks but can be easily circumvented if someone is determined enough. Those someones are the politicians we send to do our bidding, but they are more often doing things that serve their own purposes. This book is over ten years old, but still has lessons for us today. It is a worthwhile read.
Profile Image for Josh Westerlund.
62 reviews
December 30, 2022
Everything Napolitano writes is fantastic. A great breakdown of constitutional violations reaching clear back to the beginning.
Profile Image for John.
Author 14 books6 followers
August 12, 2009
I am reading this book to obtain a judicial review of the practicality of our constitution. Terrorism, it is my humble and unlearned opinion because I am no expert, has changed the rules of the game of our relationship not only with some governments but with or among ourselves. The government takes liberties that to some by step our Bill of Rights.
Does the Constitution need to be changed? Ignored? Is the conservative contention that the Constitution of these United States is being set aside or challenged for legitimacy in our current socio-economic crisis and the overarching threat of terrorist activity against us?
For my own interest and to be more informed, I am on a quest to find out what I can.
Profile Image for Blake Maddux.
53 reviews
January 26, 2010
3 1/2 stars.

Unspectacular, but entertaining and informative. There did seem to be some lazy/sloppy editing and research. For example, Napolitano quotes Louis Brandeis from what he says is a famous Supreme Court Decision. It is so famous, apparently, that he doen not know the name of it. That is because the quote came not from a SCOTUS decision but from an article Brandeis and his law partner wrote called "The Right To Privacy."

Still, this is absolutely worth reading, coming as it does from a Fox News commentator who defends judicial review, opposed George W. Bush's unconstitutional actions in the so-called war on terror, and calls Abraham Lincoln a dictator.
Profile Image for Sean Rosenthal.
197 reviews32 followers
July 25, 2013
Interesting Quote:

"[O]n December 13, 2003--the President signed the Intelligence Authorization Act...For the first time in American history, the government without showing probable cause and without getting a search warrant from a judge, can read your mail before you do, can go to your lawyer's office and seize your files and the lawyer can't tell you, and it can do the same with a bank, with a hospital, with your physician, and with your pharmacist...It was [signed] the day we captured Saddam Hussein. The story about the legislation was buried."

-Judge Andrew Napolitano, the Constitution in Exile
37 reviews1 follower
July 22, 2014
Certainly a lot to think about. An interesting read and while I am not sure of everything he talks about, he certainly makes a lot of interesting points about how a government of enumerated powers has infiltrated virtually every aspect of our lives...From what employers can and can't do with respect to birth control, to it being the responsibility of the government to develop a device to remind parents they have children in their car...how did our parents due and and why did they forget to teach us responsibility...Liberal or conservative, it will get you thinking.
Profile Image for John.
850 reviews189 followers
June 4, 2009
Napolitano writes at length about the ways each branch of government has usurped powers not granted it by the Constitution. He is especially helpful in exposing court cases throughout our history in which freedoms have been preserved and others in which freedoms have been taken.

This is a book that more Americans need to read. We take for granted so much of the way things are without understanding the consequences.
Profile Image for David Robins.
342 reviews30 followers
June 23, 2010
It's good, but could have been better. At some points he isn't sure how much government he actually wants, and I wish he'd define what he considered natural law a little better since the concept does vary a little. Nonetheless, a good overview of some of the cases and events wherein the various branches of the federal government have stolen the liberties bequeathed to the American people through the founders via the Constitution.
8 reviews
March 6, 2012
It's so easy, but shortsighted, to blame the current president for our troubles,but you need to read this book to understand that our problems go back much further than recent history. Our government has been systematically seizing power and won't stop until it is made to stop.

This should be required reading for all students.
Profile Image for Lewis Fiecke.
16 reviews2 followers
June 26, 2009
Saddening reality of today's judicial practices, the abandonment of the citizens having rule over themselves and the right to privacy and freedoms. Current trends have us giving up freedom at an alarming rate, and by the time we notice it may be too late.
Profile Image for Expose Austin Texas Duty To Care For Others.
39 reviews6 followers
August 10, 2011
Learn about the constitution in a comprehensive and applicable manner. State universities are consistently violating civil rights in a secretive and passive-aggressive way; if you are not careful you will become a victim.
Profile Image for Ed.
27 reviews2 followers
December 19, 2012
It turns out that this is a very sad story to read. Sad, because it makes you realize just how much freedom and liberty we've given up over the past century. I am by no means, a truther, birther, or any other "ther", but you can't ignore the facts that are highlighted in this book.
265 reviews
Read
December 7, 2016
Very interesting, but disturbing book. This man is so smart. Sending this on to my son in law whom I know will truly enjoy the book. I love hearing this judge on tv............think he would make a great Supreme Ct. Choice...........
7 reviews
July 4, 2008
A dangerous book in these times. He tells truth, from a perspective of someone who knows. Libertarian views, and was a possible VP choice to Ron Paul.

I shall read all his work
Profile Image for Pamela.
57 reviews
Currently reading
October 18, 2008
Reading this after I finish with the Woodward book on Clinton.
4 reviews
May 21, 2009
This shows how the imperial federal govt has grown to so much power--using the interstate commerce clause...
Profile Image for Survive .
57 reviews3 followers
July 10, 2009
Great summary review for a Constitutionalist perspective. A fresh reminder- the Federal Government only has 18 Enumerated Powers. Thats it!
29 reviews
August 17, 2010
I honestly feel like I have just been put on a government watch list after reading this book. It scares me that much!
12 reviews
March 4, 2015
It documents a sad chain of progress for the country. I wish Judge Napolitano was a Supreme Court Justice.
Displaying 1 - 23 of 23 reviews

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