“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
by Raoul Berger EDITOR’S NOTE: The following is an excerpt of the book Government by Judiciary: The Transformation of the Fourteenth Amendment, Foreword by Forrest McDonald (2nd ed.) (Indianapolis: Liberty Fund, 1997). Current indifference to the “original...
by Raoul Berger EDITOR’S NOTE: The following is an excerpt of the book Government by Judiciary: The Transformation of the Fourteenth Amendment, Foreword by Forrest McDonald (2nd ed.) (Indianapolis: Liberty Fund, 1997). Invocation of the Bill of Rights against...
EDITOR’S NOTE: The following is an excerpt of Raoul Berger’s book (chapter 16) Government by Judiciary: The Transformation of the Fourteenth Amendment, Foreword by Forrest McDonald (2nd ed.) (Indianapolis: Liberty Fund, 1997). A common historicist...