Search - List of Books by Raoul Berger

Raoul Berger (1901 — 2000) was an attorney and professor at Harvard University.

He was born in the Russian Ukraine and migrated to the U.S. when a child. He first pursued studies as a concert violinist at the Institute of Musical Art in New York but switched to a study of law in his early 30s, graduating at age 35 from Northwestern University School of Law. He practiced law in Chicago, and later worked for the Securities and Exchange Commission and as special assistant to the U.S. attorney general and general counsel to the alien property custodian during World War II. Berger began teaching law at the University of California at Berkeley in 1962 and was the Charles Warren Senior Fellow in American Legal History at Harvard University from 1971 to 1976.

His notable work was in the area of constitutional scholarship. Berger has written extensively about the Fourteenth Amendment to the United States Constitution.

His publications include:

  • Congress v. The Supreme Court (1969)
  • Impeachment: The Constitutional Problems (1972)
  • Executive Privilege: A Constitutional Myth
  • Government by Judiciary: The Transformation of the Fourteenth Amendment (1975)
  • Death Penalties: The Supreme Court's Obstacle Course (1982)
  • Federalism: The Founders' Design (1987)
  • Selected Writings on the Constitution (1987) [with Philip Kurland]
  • The Fourteenth Amendment and the Bill of Rights (1989)
Berger was a popular academic critic of the doctrine of "executive privilege" and was viewed as playing a significant role in undermining President Richard Nixon's constitutional arguments during the impeachment process.

But Berger unleashed a firestorm of controversy within the legal academy with his next book, Government by Judiciary. In it, Berger demonstrated the Warren Court's expansive interpretation of the Fourteenth Amendment as it alternately distorted and ignored the intentions of the framers of that amendment as disclosed by the historical record. Berger further drew down heat by presenting arguments that the framers of the Fourteenth Amendment did not intend it to forbid segregated schooling. While one or two criticisms of the book took issue with its historical method, the preponderance of the criticism was repetitive moralisms against Berger's argument that many Warren Court decisions were wrongly decided. The book is widely credited as the first work of legal scholarship from an originalist perspective. Some originalists disagree with the conclusions Berger draws from the historical record. Berger posited that the Warren Court expanded the authority of the judiciary without constitutional warrant.

Though Berger identified himself as a political liberal and had gained favor with the left during the Nixon years, after publication of Government by Judiciary Berger was widely assumed to be a right-wing figure both politically and jurisprudentially, despite Berger's own protestations to the contrary.

This author page uses material from the Wikipedia article "Raoul Berger", which is released under the Creative Commons Attribution-Share-Alike License 3.0
Total Books: 16
Congress V the Supreme Court
2001 - Congress V the Supreme Court (Hardcover)Hardcover
ISBN-13: 9780735102385
ISBN-10: 0735102384
Genre: Nonfiction
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Death Penalties The Supreme Court's Obstacle Course
2001 - Death Penalties the Supreme Court's Obstacle Course (Hardcover)Paperback, Hardcover
ISBN-13: 9780735102484
ISBN-10: 0735102481
Genre: Law
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Death Penalties The Supreme Court's Obstacle Course
1999 - Death Penalties the Supreme Court's Obstacle Course (Paperback)Hardcover
ISBN-13: 9781583484302
ISBN-10: 1583484302
Genres: Law, Engineering & Transportation
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Impeachment The Constitutional Problems
1999 - Impeachment the Constitutional Problems (Paperback)Paperback, Hardcover
ISBN-13: 9780674444782
ISBN-10: 0674444787
Genres: Nonfiction, Law, Engineering & Transportation
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Government by Judiciary The Transformation of the Fourteenth Amendment
1997 - Government By Judiciary the Transformation of the Fourteenth Amendment (Hardcover)Paperback
ISBN-13: 9780865971431
ISBN-10: 0865971439
Genres: Nonfiction, Law
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Government by Judiciary The Transformation of the Fourteenth Amendment
1997 - Government By Judiciary the Transformation of the Fourteenth Amendment (Paperback)Hardcover
ISBN-13: 9780865971448
ISBN-10: 0865971447
Genres: Nonfiction, Law, Substores
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Impeachment The Constitutional Problems
1974 - Impeachment the Constitutional Problems [Studies in Legal History] (Hardcover)Paperback
ISBN-13: 9780674444751
ISBN-10: 0674444752
Genres: History, Nonfiction, Politics & Social Sciences
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Executive Privilege A Constitutional Myth
1974 - Executive Privilege a Constitutional Myth [Studies in Legal History Hardcover] (Hardcover)
ISBN-13: 9780674274259
ISBN-10: 0674274253
Genre: Nonfiction
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Congress v the Supreme Court
1969 - Congress V the Supreme Court (Hardcover)Hardcover
ISBN-13: 9780674162105
ISBN-10: 0674162102
Genres: Nonfiction, Law, Engineering & Transportation
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Impeachment The Constitutional Problems Enlarged Edition
Death Penalties The Supreme Court's Obstacle Course
Government by Judiciary
Government By Judiciary (Hardcover)Paperback
ISBN-13: 9780674357952
ISBN-10: 0674357957
Genres: History, Law, Engineering & Transportation
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Government by Judiciary
Government By Judiciary (Paperback)Hardcover
ISBN-13: 9780674357969
ISBN-10: 0674357965
Genre: Law
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Federalism The Founders' Design
Federalism the Founders' Design (Hardcover)
ISBN-13: 9780806120591
ISBN-10: 0806120592
Genres: History, Nonfiction, Law, Engineering & Transportation
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The Fourteenth Amendment and the Bill of Rights
Selected Writings on the Constitution
Selected Writings on the Constitution (Hardcover)
ISBN-13: 9780940973008
ISBN-10: 0940973006
Genre: Law
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