Background
Berger, Raoul was born on January 4, 1901 in Russia. Came to the United States,, naturalized, 1910. Son of Jesse and Anna (Kahn) Berger.
(Challenges the historical bases of modern claims of execu...)
Challenges the historical bases of modern claims of executive privilege and cites the dangers of executive secrecy.
http://www.amazon.com/gp/product/0674274253/?tag=2022091-20
( The Justices, who are virtually unaccountable, irremova...)
The Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny. — Raoul Berger It is the thesis of this monumentally argued book that the United States Supreme Court—largely through abuses of the Fourteenth Amendment to the Constitution—has embarked on "a continuing revision of the Constitution, under the guise of interpretation." Consequently, the Court has subverted America's democratic institutions and wreaked havoc upon Americans' social and political lives. One of the first constitutional scholars to question the rise of judicial activism in modern times, Raoul Berger points out that "the Supreme Court is not empowered to rewrite the Constitution, that in its transformation of the Fourteenth Amendment it has demonstrably done so. Thereby the Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny, an awesome exercise of power." The Court has accomplished this transformation by ignoring or actually distorting the original intent of both the framers and the supporters of the Fourteenth Amendment. In school desegregation and legislative reapportionment cases, for example, the Court manipulated the history, meaning, and purpose of the amendment's Equal Protection Clause in order to achieve a desired political result. In cases involving First Amendment freedoms and the rights of the accused, the judges converted the Fourteenth Amendment's Due Process Clause into a vehicle for the nationalization of the Bill of Rights. Yet these actions were nothing less than "usurpations" that robbed "from the States a power that unmistakably was left to them." This new second edition includes the original text of 1977 and extensive supplementary discourses in which the author assesses and rebuts the responses of his critics. Raoul Berger retired in 1976 as Charles Warren Senior Fellow in American Legal History, Harvard University.
http://www.amazon.com/gp/product/0865971447/?tag=2022091-20
(The little understood yet volcanic power of impeachment l...)
The little understood yet volcanic power of impeachment lodged in the Congress is dissected through history by the nation's leading legal scholar on the subject. Berger offers authoritative insight into "high crimes and misdemeanors." He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside of office, and on whether impeachment must precede indictment. In an addition to the book, Berger finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St. Clair.
http://www.amazon.com/gp/product/0674444787/?tag=2022091-20
(These writings represent nearly a half-century of scholar...)
These writings represent nearly a half-century of scholarship by one of America's foremost constitutional authorities. Always challenging, often controversial, and never dull, Raoul Berger offers profound insight in these pages into many of the great constitutional disputes of our time. .. Raoul Berger is neither a liberal nor a conservative who judges the merits of a particular decision by the end result. -from front flyleaf
http://www.amazon.com/gp/product/0940973006/?tag=2022091-20
Berger, Raoul was born on January 4, 1901 in Russia. Came to the United States,, naturalized, 1910. Son of Jesse and Anna (Kahn) Berger.
Student, Franz Kneisel Institute Museum Art, New York City, 1921. Carl Flesch pupil violin, Berlin. Bachelor of Arts Cincinnati, 1932.
Doctor of Laws (honorary), University Cincinnati, 1975. Juris Doctor, Northwestern University, 1935. Doctor of Laws (honorary), Northwestern University, 1989.
Master of Laws, Harvard University, 1938. Doctor of Laws (honorary), University Michigan, 1978.
While at Harvard, he was the Charles Warren Senior Fellow in American Legal History. He emigrated to the United States with his family from Ukraine in 1904. He first pursued studies as a concert violinist at the Institute of Musical Art in New York that culminated in his joining the Cincinnati Symphony Orchestra as its 2nd Concert Master (1928-1932) and the 1st violinist of the Cincinnati String Quartet (1929-1932).
Upon his graduation, Berger worked first for the Securities and Exchange Commission, then as Special Assistant to the United States. Attorney General, and, finally, as Counsel to the Alien Property Custodian during World World War World War II Following the war, he entered private practice in Washington, District of Columbia where he remained until 1961.
Berger began teaching law at the University of California, Berkeley, School of Law in 1962 as its Regents" and later became the Charles Warren Senior Fellow in American Legal History at Harvard University School of Law from 1971 to 1976. His notable work was in the area of constitutional scholarship.
Berger has written extensively about Impeachment, Executive Privilege, and the Fourteenth Amendment. 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.
Berger unleashed a firestorm of controversy within the legal academy with his next book, Government by Judiciary.
In it, Berger claimed that the Warren Court"s expansive interpretation of the Fourteenth Amendment alternately distorted and ignored the intentions of the framers of that amendment as disclosed by the historical record. Berger presented arguments that the framers of the Fourteenth Amendment did not intend it to forbid segregated schooling. The book is widely credited as the first work of legal scholarship from an originalist perspective, although some originalists disagree with the conclusions Berger draws from the historical record.
Berger further posited that the Warren Court expanded the authority of the judiciary without constitutional warrant.
(The little understood yet volcanic power of impeachment l...)
( The Justices, who are virtually unaccountable, irremova...)
(These writings represent nearly a half-century of scholar...)
(Challenges the historical bases of modern claims of execu...)
(The one book that will help you understand the most cruci...)
(Book by Berger, Raoul)
(Book by Berger, Raoul)
Member American Bar Association (past chairman section administrative law 1961-1962, Gavel award 1978), Order of Coif.
Married Helen Beck, August 1930 (deceased September 1958). Married Patricia Wolcott, 1967.