This is a short, excellent review of Raoul Berger’s magnum opus Government by Judiciary: The Transformation of the 14th Amendment – a book we at the Lesser Magistrate Project would hope all Americans would read. The book has caused no small stir for 40 years now.
Raoul Berger was a legal historian who did not fear challenging academic consensus. His 1977 contrarian work Government by Judiciary argued that the Supreme Court radically departed from the original intent of the Fourteenth Amendment, citing extensively from the historical record in support of his thesis. The first publication generated significant controversy within the legal academy… [click here to read the rest].