Americans on both sides of the aisle love to reference the Constitution as the ultimate source of truth. But which truth? What did the framers really have in mind? In a book that author R.B. Bernstein calls “essential reading,” acclaimed historian Ray Raphael places the Constitution in its historical context, dispensing little-known facts and debunking popular preconceived notions. For each myth, Raphael first notes the kernel of truth it represents, since most myths have some basis in fact. Then he presents a big “BUT”—the larger context that reveals what the myth distorts. What did the framers see as the true role of government? What did they think of taxes? At the Constitutional Convention, how did they mix principles with politics? Did James Madison really father the Constitution? Did the framers promote a Bill of Rights? Do the so-called Federalist Papers reveal the Constitution's inner meaning? An authoritative and entertaining book, which “should appeal equally to armchair historians and professionals in the field” (Booklist), Constitutional Myths reveals what our founding document really says and how we should apply it today.

In Wrong and Dangerous, legal scholar Garrett Epps tackles 10 of the most prevalent myths, providing in terms every citizen can understand a clear grasp of the Constitution and the government it established.

Our societies obviously rest on common beliefs. These "myths" are tools that help us to develop and build common identities; they form the structure around which societies function. This does not imply that these beliefs are “true,” in the sense that they would be supported by empirical facts. In social matters, myths have undoubtedly important functions to play even if no empirical facts support them. On the other hand, and precisely because they are not discussed, myths may be problematic: they may create illusions, conserve structures that are inefficient and unable to improve the situation of citizens. This is particularly true with constitutions. Constitutions are very important for societies: a constitution is a document — even in societies based on “unwritten” constitutions — which binds citizens together, creating unity among them, and which forms the framework within which our activities take place. As Nobel Prize laureate James Buchanan used to say: constitutions contain the rules of the social game we play in our everyday life. However, constitutions are not frequently debated by citizens. This is why we end up with common beliefs about these constitutions: they are above our heads, around us. We take them, their role, function, and nature as given. The purpose of this volume to investigate and challenge common constitutional myths. Featuring contributions from prominent economists, political scientists, and legal scholars, the chapters in this volume address such myths as “constitutions are binding social contracts,” “constitutions are economic documents” and “constitutions are legal documents.” Illustrating their analyses with historical and contemporary examples from the United States, Canada, and Europe, the authors build a multi-layered approach to understanding constitutions and their implications for social and political influence.

In the United States the Law of the Land is the U.S. Constitution. The Originalist viewpoint of the document is one that holds to its meaning at the time it was created. Over time, however, the original intent has been hijacked, twisted, and subverted by statist politicians, judges using case law as the basis for Constitutional Law, a progressive education system, and a media that is complicit in a real effort to render the Constitution meaningless in its original form. In a unique style of defense of originalism, Douglas V. Gibbs examines the myths that have emerged as a result of a leftist onslaught against this nation as it was founded, maintaining that the text of the Constitution should be adhered to in its original intent. The enforcers, and final arbiters, of the Constitution, however, is not the Supreme Court, but We The People.The author addresses the most common myths in a clear and instructive manner, while recognizing and responding to any possible objections.Does all federal law trump all State law? Are the three branches of government supposed to be co-equal? Can the courts legislate from the bench? How about executive orders? What was the true intent behind the Commerce Clause, and the General Welfare Clause? Is the separation of church and state in the Constitution? Where do our rights come from? Is the United States a democracy? What is the role of government regarding issues like social justice? What is the true definition of Natural Born Citizen? Is the Constitution a living document? What are implied powers, and are they constitutional? Does the President have to ask Congress before he can wage war? What would the founders think about Income Tax, and the Internal Revenue Service? Are the courts authorized to interpret the Constitution in the way they do?25 Myths of the United States Constitution is an important contribution to literature on originalism, and the perfect book for the average person to read to begin their journey in learning the Constitution.After reading this book, you will look at the Law of the Land, and the world of politics, with a renewed sense of confidence. Being informed, after all, is a large part of the duty we have as Americans in regards to our involvement as an effective electorate. And, being informed makes you less likely to be fooled by the crafty politiciansThe Constitution is only ink and paper if we don't defend it.

First published ten years ago, award-winning historian Ray Raphael’s Founding Myths has since established itself as a landmark of historical myth-busting. With the author’s trademark wit and flair, Founding Myths exposes the errors and inventions in America’s most cherished tales, from Paul Revere’s famous ride to Patrick Henry’s “Liberty or Death” speech. For the seventy thousand readers who have been captivated by Raphael’s eye-opening accounts, history has never been the same. In this revised tenth-anniversary edition, Raphael revisits the original myths and explores their further evolution over the past decade, uncovering new stories and peeling back additional layers of misinformation. This new edition also examines the highly politicized debates over America’s past, as well as how school textbooks and popular histories often reinforce rather than correct historical mistakes. A book that “explores the truth behind the stories of the making of our nation” (National Public Radio), this revised edition of Founding Myths will be a welcome resource for anyone seeking to separate historical fact from fiction.

This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.

This working paper provides insight into the essence, content and destiny of constitutional myths and illusions as «load-bearing elements» of constitutional order, government system and political regime. Special attention is paid to the analysis of individual constitutional myths and illusions, such as the doctrine of the sovereignty of the people, concept of social contract, nation-wide referendum, values of separation of powers, open government, etc., as well as examples of their embodiment in the Constitutions of Russia, China, the USA, France, Venezuela, Kazakhstan, Armenia, Ukraine, etc.