Does the Supreme Court have the authority to deprive the people of the right to govern themselves? Marshaling a convincing array of historical sources, Raoul Berger demonstrates in Death Penalties that the Framers of the Constitution withheld such power from the Court and that its death penalty decisions unconstitutionally impose the Justices' morals upon an unwilling people.
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Raoul Berger was Charles Warren Senior Fellow in American Legal History at the Harvard Law School. Among his books is Executive Privilege: A Constitutional Myth.
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