Modern Scholarly Editions of ClassicrnWorks for Today’s ReadersrnGOVERNMENT BY JUDICIARYrnTHE TRANSFORMATION OF THE FOURTEENTH AMENDMENTrnSecond EditionrnBy Raoul BergerrnForeword by Forrest McDonaldrnIt is the thesis of this monumentally argued book that the United States SupremernCourt—largely through abuses of the Fourteenth Amendment to the Constitution—hasrnembarked on “a continuing revision of the Constitution, under the guise ofrninterpretation.” Consequently, the Court has subverted America’s democratic institutionsrnand wreaked havoc upon Americans’ social and political lives.rnOne of the first constitutional scholars to question the rise of judicial activism in modernrntimes, Raoul Berger points out that “the Supreme Court is not empowered to rewrite thernConstitution, that in its transformation of the Fourteenth Amendment it has demonstrably done so.rnThereby the Justices, who are virtually unaccountable, irremovable, and irreversible, have taken overrnfrom the people control of their own destiny, an awesome exercise of power.”rnThe Court has accomplished this transformation by ignoring or actually distorting the original intent ofrnboth the framers and supporters of the Fourteenth Amendment. In school desegregation andrnlegislative reapportionment cases, for example, the Court manipulated the history, meaning, andrnpurpose of the Amendment’s Equal Protection Clause in order to achieve a desired political result. Inrncases involving First Amendment freedoms and the rights of the accused, the Justices converted thernFourteenth Amendment’s Due Process Clause into a vehicle for the nationalization of the Bill of Rights.rnYet these actions were nothing less than “usurpations” that robbed “from the States a power thatrnunmistakably was left to them.”rnThis new second edition includes the original text of 1977 and extensive supplementary discourses inrnwhich the author assesses and rebuts the responses of his critics.rnRaoul Berger, now 96, retired in 1976 as Charles Warren Senior Fellow in American Legal History atrnHarvard University.rn555 + xxiii pages. Foreword, preface to the second edition, introduction, bibliography, bibliography ofrnRaoul Berger’s writings, index.rnHardcover $19.50 0-86597-143-9rnPaperback $ 9.50 0-86597-144-7 ‘Conceived in Liberty’rnFor a nation “conceived in liberty,” the study of the ideal of a society of free and responsiblernindividuals is a never-ending obligation. To encourage this deliberation. Liberty Fund—a privaterneducational foundation established in 1960—makes available a wide range of outstanding books. Inrnkeeping with the Fund’s mission, books are both beautifully produced and priced to ensure theirrnavailability to all serious readers. Each title explores some aspect of the interrelationship of liberty andrnresponsibility in individual life, society, governance, or economics. Accordingly, our publicationsrninclude the works of Adam Smith, David Hume, Lord Acton, Ludwig von Mises, Mobel laureates F. A.rnHayek and James Buchanan, crucial political writings of the American founding era, and otherrnlandmark works in philosophy, law, social and political thought, and education. We invite you tornrequest a free copy of our catalogue.rnCall 800-955-8335rnFlax 317-579-6060rnor write:rnLiberty Fuhcj We payrnUPS shipping onrnprepaid orders.rn8335 Allison Pointe Trail, Suite 300, Dept. CI1R7, Indianapolis, IN 46250rnExplore Liberty Fund’s catalogue on the World Wide Webrnat www.Libertyfund.orgrnrnrn