Unconstitutional at Any Speed: Assessing the Legacy of Obama

The burgeoning literature on the Obama administration, one of the most lawless in U.S. history, includes Michelle Malkin’s Culture of Corruption (2009), Tom Fitton’s The Corruption Chronicles (2012), Gene Healy’s False Idol (2012), John Fund and Hans von Spakovsky’s Obama’s Enforcer: Eric Holder’s Justice Department (2014), Andrew McCarthy’s Faithless Execution (2014), and the many legal critiques of Obamacare. None, however, focuses on the damage the 44th President has done to the U.S. Constitution like George Mason University law school professor David E. Bernstein’s excellent new book, Lawless: The Obama Administration’s Unprecedented Assault on the Constitution and the Rule of Law.

Bernstein, known as a libertarian-leaning expert on constitutional law, is a meticulous scholar and the author of the trailblazing (and highly-praised) Rehabilitating Lochner (2011), a reassessment of the Supreme Court’s much-reviled decision upholding the liberty of contract in Lochner v. New York (1905). Here he has undertaken a large but important task, and we should be grateful that he has performed it so thoroughly. Many of the book’s examples of administration misdeeds have been reported elsewhere, but having them in a single volume (with extensive accompanying footnotes) creates a shocking indictment of the Obama presidency.

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