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Government by Judiciary

Government by Judiciary by Raoul Berger, ISBN: 9780865971448
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ISBN: 9780865971448
Publisher: Liberty Fund Inc
Published: 1 January, 1997
Format: Paperback
Language: English
Links Australian Libraries (Trove)

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Government by Judiciary

The Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny. - Raoul Berger It is the thesis of this monumentally argued book that the United States Supreme Court-largely through abuses of the Fourteenth Amendment to the Constitution-has embarked on "a continuing revision of the Constitution, under the guise of interpretation." Consequently, the Court has subverted America's democratic institutions and wreaked havoc upon Americans' social and political lives. One of the first constitutional scholars to question the rise of judicial activism in modern times, Raoul Berger points out that "the Supreme Court is not empowered to rewrite the Constitution, that in its transformation of the Fourteenth Amendment it has demonstrably done so. Thereby the Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny, an awesome exercise of power." The Court has accomplished this transformation by ignoring or actually distorting the original intent of both the framers and the supporters of the Fourteenth Amendment. In school desegregation and legislative reapportionment cases, for example, the Court manipulated the history, meaning, and purpose of the amendment's Equal Protection Clause in order to achiev

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