Government by Judiciary

Title Page, Copyright

Judiciary_i-xxiv.indd 1 5/7/11 12:59 PM GOVERNMENT BY JUDICIARY Judiciary_i-xxiv.indd 2 5/7/11 12:59 PM Judiciary_i-xxiv.indd 4 5/7/11 12:59 PM Judiciary_i-xxiv.indd 5 5/7/11 12:59 PM GOVERNMENT BY JUDICIARY The Transformation ofthe Fourteenth Amendment Raoul Berger with a Foreword by Forrest McDonald SECOND EDITION LIBERTY FUND Indianapolis Judiciary_i-xxiv.indd 6 5/7/11 12:59 PM This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal ofa society offree and responsible individuals. The cuneiform inscription that serves as our logo and as the design motif for our endpapers is the earliest-known written appearance of the word "freedom" (amagi), or "liberty." It is taken from a clay document written about 2300 B.c. in the Sumerian city-state of Lagash.© 1997 by Liberty Fund, Inc. All rights reserved Printed in the United States of America 97 98 99 00 01 99 00 01 H p 5 4 3 5 4 3 Library of Congress Cataloging-in-Publication Data Berger, Raoul, 1901Government by judiciary : the transformation of the fourteenth amendment I Raoul Berger with a foreword by Forrest McDonald. 2nd ed. p. em. Includes bibliographical references and index. ISBN o-86597-143-9 (hardcover). - ISBN o-86597-144-7 (pbk.) I. United States- Constitutional law- Amendments-14th. 2. Political questions and judicial power- United States. 3· Civil rights- United States. 4· Judge-made law- United States. I. Title. KF4558 14th.B47 1997 342.73'o85- Dc2o [347·30285] 96-16162 LIBERTY FUND, INC. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 462so-I684 Judiciary_i-xxiv.indd 7 5/7/11 12:59 PM For Patty Judiciary_i-xxiv.indd 8 5/7/11 12:59 PM Judiciary_i-xxiv.indd 9 5/7/11 12:59 PM All persons born or naturalized in the United States ... are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. -fOURTEENTH AMENDMENT, §1 Judiciary_i-xxiv.indd 10 5/7/11 12:59 PM Judiciary_i-xxiv.indd 11 5/7/11 12:59 PM Nullius in Verbo -Motto of the Royal Society, London Take nobody's word for it; see for yourself Judiciary_i-xxiv.indd 12 5/7/11 12:59 PM ...