Excoriated Truth

books:

	• The Fourteenth Amendment and the Bill of Rights Raoul Berger Univ of Oklahoma Pr, 1989 - 169 pages average customer review:based on 3 reviews
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Excoriated Truth

Berger is intellectually honest about the dark history of Fourteenth Amendment, so he does not dutifully subscribe to the prevailing, liberal, revisionist view. Consequently, for telling the indisputable fact of the North's negrophobia and racism following the War between the States, his work is excoriated by most, but not all, in the legal establishment precisely because he challenges its most cherished myths.

Read Berger. Then read Supreme Court opinions "interpreting" the Fourteenth Amendment. Berger's account is based on accurate history, the Court's on fantasy and desired results. Berger probably shares the Court's desire for those results too, but would probably say we need another, newer, better civil-rights Amendment (not a mere Act) to legitimately achieve those ends.

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Cold hard logic

Berger was politically a liberal, meaning that he favored centralized government control of the lives of the citizenry. He was an honest liberal, however, and, based on his sound scholarship, rejected the self-defeating notion of a constitution which is "living," i.e. a written law which is not law, but whim. Predictably, Berger was reviled by his fellow liberals. This is despite the fact that he was praised highly for books on impeachment and executive privilege which, by mere coincidence, were published when Nixon was being run out of Washington. Born in Russia, brought to the U.S. as a boy, Berger did not publish a book until age 68. His work on the 14th Amendment is a masterpiece of American legal scholarship.

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