1. The Secret Constitution and the Need for Constitutional Change, Professor Arthur S. Miller.
2. John Hancock’s Big Toe and the Constitution, Gary North.
3. The Revolution Was, Garet Garrett.
4. No Treason: The Constitution of No Authority, Lysander Spooner.
5. Miracle at Philadelphia: The Story of the Constitutional Convention, May-September, 1787, Catherine Drinker Bowen.
6. The Politically Incorrect Guide to the Constitution, Kevin R. C. Gutzman. Claims that the Constitution is a dead letter?
7. Democracy: The God That Failed, Hans Hermann-Hoppe.
8. Financial Reckoning Day: Surviving the Soft Depression of the 21st Century, Bill Bonner. Makes a brief case for monarchy over democracy.
9. The Constitution as Covenant. Adam broke the covenant. Christ re-established it. This is the central theme of all Calvinism. This is why it is called covenant theology. It was the theology that underlay all of the American colonies. Its secularization led to the Constitution. This is well known among secular historians, and has been for 70 years. The historical literature on this is immense.
Almost 30 years ago, Professor Arthur S. Miller wrote a book: The Secret Constitution and the Need for Constitutional Change (Greenwood, 1987). This book received little attention at the time, and it is very difficult to locate today. Miller argued that there are essentially two constitutions. One of them is the one we all know about, the one we are required to study, or at least used to be required to study, in high school civics classes. It is the one for show. The other Constitution is the operational Constitution, as enforced by the courts and by federal bureaucracies. It is a completely separate Constitution. It favors the ruling class, which is the group described above.
The first people to warn about this were the anti-Federalists. They understood it in 1787. Patrick Henry understood it. Sam Adams understood it. Adams was persuaded to withdraw his criticisms by the promise made by Madison of the first 10 amendments, which we call the Bill of Rights. But the Bill of Rights came under assault as soon as the Constitution was ratified. Alexander Hamilton began the great centralization of the federal government. He used the now-familiar dual tactic of expanding federal debt and creating a central bank owned by private investors. He got both of these into operation in 1791.
The only significant 19th-century rollbacks in power took place under Andrew Jackson’s presidency: his veto of the bill that would have extended the charter of the Second Bank of the United States beyond 1836, and his one-year reduction of the United States government’s debt to zero. That never happened again. The only other major rollback was the 21st amendment in 1933, which was the repeal of Prohibition. The broad sweep of American constitutional history has been one story, namely, the expansion of federal power at the expense of individual liberties.
10. New Nation: A History of the United States During the Confederation, 1781-1789, Merrill Jensen, 1966.
11. Liberty, Order, & Justice: An Introduction to the Constitutional Principles of American Government, James McClellan, 2000.
12. An Economic Interpretation of the Constitution of the United States, Charles A. Beard.
The Foreward in Dr. North’s Conspiracy in Philadelphia ends this way:
Modern man believes that he can safely avoid identifying the God of the Bible as the incorporating agent. Modern man identifies, either explicitly or implicitly, other gods of incorporation: Man, the People, the Volk, or the Proletariat. Each of these gods has his day in the sun. But the sun eventually sets.
The thirteen colonies in 1775 had charters or constitutions. Only Rhode Island’s charter allowed men of no trinitarian confession to be elected to civil office, i.e., to serve as part of the voice of civil authority. Therefore, only Rhode Island refused to identify the God of the Bible as the sovereign incorporating agent of the colony. The Articles of Confederation (1781) served as a halfway national covenant. They identified “the Great Governor of the World” as the sovereign incorporating agent (Article XIII). The United States Constitution (1788) identifies “We the People” as the sovereign incorporating agent. This book is the story of this covenantal transition: new covenant, new god.
13. The Beginnings of National Politics: An Interpretive History of the Continental Congress, Jack N. Rakove, 1988.
14. Recent Changes in American Constitutional Theory, John W. Burgess, 1923. From World Cat.
15. Ratification: The People Debate the Constitution, 1787 to 1788, Pauline Maeir, 2011. Gary North says that “It is the ONLY book on ratification based on actual documents. Everyone basically says: “She cornered the market. We give up.” You start with her book or else forget about the topic.”