Government by Judiciary
- Raoul BergerA big problem. A worthwhile book.
The point of Integration was that the Supreme Court’s 1954 decision in Brown v. Topeka Board of Education was a mistake. The public schools should not have been integrated by judicial fiat. The proper course would have been to tie school integration to the whole civil rights debate that became the knock-down drag-out brawl of the mid-Sixties. The violence and bad feeling generated by Brown could have been avoided.
Berger became a non-person among the elites after that book.
Raoul Berger. What an incredible career.
I’ve read Government by Judiciary at least three times and learned much more every time.
Probably 95% of Scotus decisions based on the 14th Amendment are nonsense.
As a general class, the 14A did not incorporate the Bill of Rights. That is a judicial fantasy.