Frozen Republic: How the Constitution is Paralyzing Democracy [Paperback]

According to Lazare, the Constitution and the religious awe in which it is often held (even to the extent of my feeling compelled to capitalize the word) form the straitjacket in which our current looney-bin government and culture are confined. He seems to feel particular hatred for the amendment clause, but this brings us to the major flaw in this book. Despite his claim that the barriers to amendment are too high, Lazare himself discusses examples (e.g. Prohibition) that might lead one to the opposite conclusion. Likewise, though he favors a strong unicameral legislature, his commentary on the conduct of House members hardly support his own argument. In the end, much of the essential message of the book is muddied and lost.

Despite these flaws, though, this book provokes thought on a variety of matters not limited to the form of government. Of particular interest is the way Lazare discusses the relationships between abstract concepts such as separation of powers or individual rights to very concrete concerns such as public-health policy and urban sprawl. While his leftist tendencies do become annoyingly apparent in the later chapters, the attempt to tie everything together is laudable. Even if you disagree vehemently with all of Lazare's views, including the central thesis, the book is well worth reading in the spirit of broad intellectual exploration.

As shocking as this may be, it is a reasonable alternative to blaming politicians, big government, liberals, conservatives, the media, etc. for the inability of Washington to do anything. No one can really be held accountable as the other branches of the government can be blamed for stalling.

Lazare convincingly illustrates the negative effects of this system in his chapter about civil liberties. From the standpoint of the legislative branch (Congress), the judiciary (Supreme Court) is the institution that exists to protect civil liberties. Thus Congress need worry about passing constitutional laws as the Supreme Court would invalidate them if necessary. Of course, if the Supreme Court were to abdicate its role, then no one would be in charge of protecting civil liberties.

Not all of Lazare's arguments are convincing. His link between the separation of powers and urban decay is not entirely convincing. He also declines to thoroughly discuss the downsides of a parliamentary system which he strongly advocates throughout the book. Nonetheless, "The Frozen Republic" is a very insightful critique of the U.S. Constitution, and a plausible (although not complete) explanation for the current state of politics in the United States.

Not only is the logic of his argument entirely faulty; in addition, he frequently takes time out from his main thesis to criticize and caricature various moderate or conservative historical figures (Jefferson, Reagan, Ford, Bork, Blackstone, Burke, etc.) for little reason, apparently, other than his own dislike.

Lazare's argument misunderstands the clearly-stated intent of the Constitution: "...to ensure the blessings of Liberty...," and to protect the people from being denied their unalienable rights (life, liberty, property) without due process of law.

Instead, he argues that the Constitution's only goal is to promote "democracy," and that as long as limits or checks are placed on elected officials, democracy is being restrained. The effect of placing UNLIMITED power in the hands of elected officials is not discussed, despite ample 20th century empirical evidence (Hitler, Mussolini...).

The argument is pure sophistry. The book is well-written as far as STYLE is concerned, but silly in most other ways.