Fracturing the Founding

John E. Finn is an accomplished professor of constitutional law, an award-winning teacher, and a much sought after public speaker. He is Professor of Government Emeritus at Wesleyan University. His scholarly research and teaching focuses on constitutional theory, comparative constitutional law, the first amendment, and the legal regulation of terrorism and political violence. He is the author of three highly regarded and influential books on constitutional law: Peopling the Constitution (Kansas, 2014), American Constitutional Law: Essays, Cases, and Comparative Notes (coauthor, Rowman & Littlefield, 2009), and Constitutions in Crisis: Political Violence and the Rule of Law (Oxford, 1991), and of numerous scholarly articles in professional journals.

Finn critically dissects the constitutional doctrines of the alt-right. He begins with the major players and platforms of the movement, including Richard B. Spencer, Steve Bannon, and Breitbart.com, and then considers their views on the Constitution and federalism, showing the heavy influence of the Christian evangelical right. In Chapter 3, Finn posits that the alt-right view of the First Amendment permits discrimination against non-Christians. He then delves into the right to bear arms and how it is impossible to determine what the Founders had intended. The final chapters cover the idea of sovereign citizens and birthright citizenship. Finn does an excellent job of taking political theory and showing how it impacted the actions of various alt-right conservatives, including former chief justice of the Alabama Supreme Court Roy Moore; Jared Fogle, former spokesperson for Subway restaurants who was convicted of sexual offenses against minors; and members of constitutional militias. The book is well written, and the depth of Finn’s research shines through. The work is chatty in tone but assumes some knowledge of constitutional law. Reminiscent of an extended, witty lecture by an erudite professor, this will leave readers impressed and distressed.