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Government by Judiciary (Studies in Jurisprudence and Legal Hist) Paperback

ISBN-13: 978-0865971448 ISBN-10: 0865971447 Edition: New Edition

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Product Details

  • Series: Studies in Jurisprudence and Legal Hist
  • Paperback: 578 pages
  • Publisher: Liberty Fund; New Edition edition (June 1, 1997)
  • Language: English
  • ISBN-10: 0865971447
  • ISBN-13: 978-0865971448
  • Product Dimensions: 9 x 6.1 x 1.4 inches
  • Shipping Weight: 2 pounds (View shipping rates and policies)
  • Average Customer Review: 3.8 out of 5 stars  See all reviews (8 customer reviews)
  • Amazon Best Sellers Rank: #325,731 in Books (See Top 100 in Books)

Customer Reviews

3.8 out of 5 stars
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Most Helpful Customer Reviews

3 of 3 people found the following review helpful By Steven McElroy on May 24, 2012
Format: Paperback Verified Purchase
Berger's tome is an expansive exposition of the most erroneous turn our governmental structure has ever taken. From democratic republic to oligarchy in one case. The U.S Supreme Court took an 84 year old amendment and bent it to fit its desired outcome in a single case resulting in the creation of an imperial body of unelected, lifetime appointed members who now have a thumbs up or thumbs down vote on every issue considered by any elected body in the entire country.
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10 of 15 people found the following review helpful By William A. Hensler VINE VOICE on July 17, 2006
Format: Paperback
This book is very true. There is an old Irish proverb, "The Road to Hell is paved with good intentions".

This book proves it.

Let's take "Brown". Now, is this poster saying that all children are not entitled to a fair education. Of course not! And it's terrible that the courts had to get involved to solve the education issue of allowing children-of-color to attend a white school. If the various governments had acted right then there would have been no reason for the courts to strike down unjust laws regarding race.

However, what is scary about "Brown" is it allows the courts to get involved in the smallest detail of public life. So, the courts were correct in helping minority children attend a school. But, the courts actions do not just stop there. Like a bite of an apples, this books shows instance after instance where the courts continously invent rights for items that were once a state matter, such as land use, or in international matters, such as when the courts were finding rights for terrorists of the IRA.

If anything this book under states the cases of too much judiciary in the goverment. The results are that various groups that make up the plantiffs of the USA have a disproportionate amount of power. Example, the ACLU has defacto established the Christmas policies of the USA with its lawsuits. No vote was ever held that removed the Christmas displays from government. It was all lawsuits.

How will this end? This poster does not know. Perhaps one day the courts will over step their authority, such as in the granting criminal rights to Terrorists at GITMO, and they will be introduced to real power.

Since the writing of this book in 1997 the role of the judiciary has expanded.

This book is four stars, dated, but is still good.
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19 of 29 people found the following review helpful By Death Bredon on June 6, 2005
Format: Hardcover Verified Purchase
Regardless of liberal, revisionist history, the Fourteenth Amendment was never intended to be, nor was it used by, its ratifiers to enforce thorough-going racial equality in the United States. To the contrary, the Amendment was designed to give newly emancipated slaves equality under protective laws, not equal application of all laws. In laymans terms, the Amendment guranteed minimal civil rights--the rights to enter into and enforce contracts at law and general police protection, but not full social rights such as desegregated schools public facilities. Indeed, Jim Crow is a northern invention of progressive Northerners that was imported to the South. And, nobody believed that mandated segregation was a violative of the Fourteenth Amendment in any way.

Evil the Amendment may have been in its lack of scope, but its shortcomings were caused by the rampant racism endemic to the United States at that time, both in the North and South alike, not by Berger. To the contray, Berger merely has had the courage to stand up against contemporary, PC, soft-tolitarianism and to state the undeniable historical facts regarding the original meaning and application of the Fourteenth Amendment as well as contrast this originalism to the more recent, revistionist reinterpretation and applications by the Court. Looking to the bigger picture, what Berger does is challenge us to ponder whether going to all the fuss and bother of amending the Constitution to go beyond the very limited, original goals of the Fourthment Amendment might not have been a better course than giving the Supreme Court a quick-and-easy constitutional blue pen.

BTW, the "Pure Evil" review is pure crap.
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0 of 1 people found the following review helpful By vom357 on February 6, 2014
Format: Kindle Edition Verified Purchase
i went to law school and got an A+ in constitutional law
Only because I had to work so heard to make sense of it
Berger reveals why I had so much trouble - it was all a crock they taught me!
Law school teaches "unconstitutional law" - ie what the "justices' do - not what they are supposed to do under our constitution
Berger makes that crystal clear
PS - America is lost - our judicial system is as broke as exec. and leg branches - again read Berger and learn
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