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Why the “Original Intention?”

Why the “Original Intention?”

by Tenth Amendment | Jan 30, 2016 | 14th Amendment, Constitution, Constitution 101

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...
Incorporation of the Bill of Rights in the Fourteenth Amendment

Incorporation of the Bill of Rights in the Fourteenth Amendment

by Tenth Amendment | Jul 27, 2015 | Incorporation Doctrine

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...
Judicial “Discretion” in 1787

Judicial “Discretion” in 1787

by Tenth Amendment | May 2, 2015 | John Marshall, Judiciary

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...
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