

#42253
Mentioned in 1 episodes
Government by Judiciary
Book • 1977
Raoul Berger's seminal work argues that the U.S.
Supreme Court, particularly under the Warren Court, has overstepped its constitutional authority by reinterpreting the Fourteenth Amendment contrary to its original intent.
The book contends that this judicial overreach has effectively rewritten the Constitution, transferring governance from elected representatives to unelected judges.
The second edition includes rebuttals to critics and reinforces Berger's thesis about the dangers of unchecked judicial power.
Supreme Court, particularly under the Warren Court, has overstepped its constitutional authority by reinterpreting the Fourteenth Amendment contrary to its original intent.
The book contends that this judicial overreach has effectively rewritten the Constitution, transferring governance from elected representatives to unelected judges.
The second edition includes rebuttals to critics and reinforces Berger's thesis about the dangers of unchecked judicial power.
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Mentioned in 1 episodes
Recommended by 

for its insights into the power of the courts and Congress.


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as a book using early forms of originalism, critiqued by Paul Brest.

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when discussing the rejection of judicial participation in policymaking by the framers of the Constitution.


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