GOVERNMENT BY JUDICIARY: THE TRANSFORMATION OF THE FOURTEENTH AMENDMENT.(Review)

First Things: A Monthly Journal of Religion and Public Life | December 1, 1999| | Copyright

GOVERNMENT BY JUDICIARY: THE TRANSFORMATION OF THE FOURTEENTH AMENDMENT. Second Edition. By RAOUL BERGER. Liberty Fund. 555 pp. $19.50 cloth, $9.50 paper.

ALMOST TWENTY YEARS before FIRST THINGS' symposium "The End of Democracy? The Judicial Usurpation of Politics" (November 1996), Raoul Berger, in Government by Judiciary, sounded an alarm about the extent of the judiciary's encroachments on democratic legislative authority. Under the pretext of giving force to Fourteenth Amendment guarantees of due process and equal protection, Berger argued, the courts have in ...

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