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
LOCN: KF4558 14th.B47 1997
Dewey: 342.73'085 -- dc20 / 347.30285
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Preface to the Second Edition
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
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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