Abstract: Explores judicial activism and usurpation of the legislative process under the guise of the Fourteenth Amendment.
Keywords: book review, constitution, Fourteenth Amendment, 14th amendment.
book cover
Title: Government by Judiciary: The Transformation of the Fourteenth Amendment, Second Edition
Author: Raoul Berger
Foreword: Forrest McDonald
Publisher: Liberty Fund
Date Published: January 1999
ISBN: 0865971447
LOCN: KF4558 14th.B47 1997
Dewey: 342.73'085 -- dc20 / 347.30285
Pages: 555
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Preface to the Second Edition

Part I

Chapter 1: Introduction

Supplementary Note on the Introduction

Chapter 2: "Privileges or Immunities"

Supplementary Note on the Civil Rights Act and the Fourteenth Amendment: Fundamental Rights

Chapter 3: The "Privileges or Immunities of a Citizen of the United States"

Chapter 4: Negro Suffrage Was Excluded

Supplementary Note on Suffrage

Chapter 5: Reapportionment

Chapter 6: The "Open-Ended" Phraseology Theory

Chapter 7: Segregated Schools

Supplementary Note on Segregated Schools

Chapter 8: Incorporation of the Bill of Rights in the Fourteenth Amendment

Supplementary Note on Incorporation

Chapter 9: Opposition Statements Examined

Chapter 10: "Equal Protection of the Laws"

Chapter 11: "Due Process of Law"

Chapter 12: Section Five: "Congress Shall Enforce"

Chapter 13: Incorporation of Abolitionist Theory in Section One

Supplementary Note on

Part II

Chapter 14: From Natural Law to Libertarian Due Process

Supplementary Note on Natural Law and the Constitution

Chapter 15: "The Rule of Law"

Chapter 16: The Judiciary Was Excluded From Policymaking

Supplementary Note on Exclusion of the Judiciary

Chapter 17: The Turnabout of the Libertarians

Chapter 18: Liberals and the Burger Court

Chapter 19: The Legitimacy of Judicial Review

Supplementary Note on the Role of the Court

Chapter 20: Why the "Original Intention"?

Supplementary Note on Original Intention

Chapter 21: Arguments for Judicial Power of Revision

Chapter 22: "Trial by Jury": Six or Twelve Jurors?

Chapter 23: Conclusion

Supplementary Note on the Conclusion

Appendix A: Van Alstyne's Critique of Justice Harlan's Dissent

Appendix B: Judicial Administration of Local Matters

The Writings of Raoul Berger


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