Thursday, December 15, 2016

The Wisdom of Harvard Law Professor Raoul Berger : Judicial Power Grab Via The 14th Amendment.


Liberty Classroom reports:
From Government by Judiciary: The Transformation of the Fourteenth Amendment:

“Historically the citizenry have relied upon the States for protection, and such protection was afforded before the Constitutional Convention by a Bill of Rights in virtually every state Constitution. It was not fear of State misgovernment but distrust of the remote federal newcomer that fueled the demand for a federal Bill of Rights which would supply the same protections against the federal government that State Constitutions already provided against the States.”

“To ‘interpret’ the Amendment in diametrical opposition to that intention is to rewrite the Constitution.”

“The nation cannot afford to countenance a gap between word and deed on the part of the highest tribunal, a tribunal regarded by some as the ‘national conscience.’ It should not tolerate the spectacle of a Court that pretends to apply constitutional mandates while in fact revising them in accord with the preference of a majority of the Justices who seek to impose their will on the nation….‘The people,’ in the words of five early State Constitutions, ‘have a right to require of their…magistrates an exact and constant observance’ of the ‘fundamental principles of the Constitution.’ Among the most fundamental is the exclusion of the judiciary from policymaking.”
You'll want to buy the book.