http://www.washingtontimes.com/news/2013/oct/8/book-review-the-supreme-court-vs-constitution/
The Constitution is under attack on two fronts. On one, proponents of ever-expanding central government see little in the Constitution that limits federal authority. On the other, the same politicians and interest groups champion broad, often newly discovered “constitutional rights” whose protection curtails the traditional power of state and local governments to enact laws intended to protect the public health, safety and welfare.
In “The Supreme Court vs. The Constitution,” Gerald Walpin’s focus is on judicial interpretations of the Bill of Rights that have circumscribed these long accepted “police powers” of state and local governments. His thesis is that our country is ill-served by Supreme Court decisions based more on the personal social, and political views of the justices than on the carefully chosen words of the Constitution.
Mr. Walpin takes his charge from Justice Samuel Alito Jr., who remarked in 2011 that “ordinary citizens should know more facts about the Constitution.” Accordingly, the author intends his book to provide “all Americans, including the overwhelming number who are not lawyers, with a simple, but not simplistic, understanding of what is happening to our Constitution.”
A harsh critic of what most would call “judicial activism,” Mr. Walpin makes clear such activism is not a phenomenon always associated with either the political “right” or “left,” or with a particular political party. Thus, he quotes President Obama’s attacks on legal challenges to Obamacare as inviting unacceptable “judicial activism,” and recalls President George W. Bush’s lament that “some judges give in to temptation and make law instead of [simply] interpreting.” The author even reminds us of President Lincoln’s warning that “decisions of the Supreme Court” could deprive “the people” of their right “to be their own rulers.”