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The Cult of the Constitution

Written by: Mary Anne Franks
Narrated by: Teri Schnaubelt
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Publisher's Summary

In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism.

Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the internet. The worship of guns, speech, and the internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence.

But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges listeners to take the Constitution seriously, not selectively.

©2019 Mary Anne Franks (P)2019 Tantor

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Illuminating, fascinating, and inspiring!

As a non-specialist in the subject, I have been developing an increasing interest in constitutions, both in their potential to protect fundamental rights for all, and in the abuse of them as typified by US 2nd amendment fundamentalism. I had also separately been asking myself, as someone who values free speech, what are the deep philosophical and legal roots of free speech protections, and what are its limits? For example, where do you draw the line when say, speech has the potential to encourage the violent disruption of other people's lives? Finally as someone who has spent years trying to wrangle various family members away from the jaws of internet misinformation, I have wondered, why are we so awash in it? Is this really the price we have to pay to protect free speech on the internet? 



Mary Anne Franks' book considers all of these subjects and so much more. It is at its core an exposé of and an indictment against fundamentalism in many of its contemporary forms. Her book is so deeply and thoroughly researched - many times throughout listening to the audiobook I would hear a claim and regard it with some skepticism, and then be bowled over with the supporting evidence. The ideas are so thoughtfully considered and eloquently weaved together as well. I walked away from this book with a much better understanding of free speech and constitutional law in the US, the reasons why it manifests in its current form, the tradeoffs to society when it is applied in this way, and a clear vision for a brighter and more robust future for all. 



P.S. Listen to Mary Anne being interviewed in the 'Freedom of Speech' episode of NPR's 'Throughline' podcast (May 25, 2023 - ep. 241). This is what turned me on to her book in the first place, and it might do the same for you as well, if this review hasn't already :)

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