Raoul Berger was an attorney as well as professor at Harvard University Law School and University of California Berkeley. In his book Government by Judiciary he argues that the U.S. Supreme Court is continuing to “revise” the Constitution based on the appearance of interpretation and abuses of the fourteenth Amendment. He notes that the Court undermines the power of American institutions as well as social and political lives of its people.
“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.”
Over time this book has been intensely disputed. This edition includes text of supplementary discourses in which Berger refutes his critics.