The UnSupreme Court

Posted: October 5, 2008 in Constitution

The late Raoul Berger has a number of good books showing how the Supreme Court has usurped power beyond its Constitutional limits.  If you ever want to read a great book on the subject of judicial activism, get his book Government By Judiciary, [1977], 1997, new Liberty Fund edition.  Berger proves beyond a shadow of doubt that the Bill of Rights only applied to the federal government, not to the state governments.  He also proves that the 14th Amendment did not change this.  Ever since the New Deal, the Supreme Court has been expanding its power, and the power of the federal government, mainly by ignoring the Constitution and substituting its own fantasies in place of the teachings of the Framers.  Berger’s books are filled with historical information about the original meaning of the Constitution, and when you finish reading his books, you’ll find that originalism is the only rational view of how our American system of government operates, or at least should operate.


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