Raoul Berger
Encyclopedia
Raoul Berger was an attorney
and professor
at The University of California at Berkeley and Harvard University School of Law. While at Harvard, he was the Charles Warren Senior Fellow in American Legal History.
He was born in Ukraine and migrated to the U.S., as a child, with his parents 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). After earning his A.B. from the University of Cincinnati
in 1932, he abandoned his professional music career to study law at Northwestern University School of Law
, from which he graduated at age 35. He practiced law in Chicago before enrolling at Harvard University School of Law where he earned his Master of Laws
degree (LL.M.) in 1938.
Upon his graduation, Berger worked first for the Securities and Exchange Commission, then as Special Assistant to the U.S. Attorney General, and, finally, as Counsel to the Alien Property Custodian
during World War II. Following the war, he entered private practice in Washington, D.C. where he remained until 1961. Berger began teaching law at the University of California, Berkeley, School of Law in 1962 as its Regents' Professor 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
.
His publications include:
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. 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.
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.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and professor
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
at The University of California at Berkeley and Harvard University School of Law. While at Harvard, he was the Charles Warren Senior Fellow in American Legal History.
He was born in Ukraine and migrated to the U.S., as a child, with his parents 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
Cincinnati Symphony Orchestra
As the fifth oldest orchestra in the United States, the Cincinnati Symphony Orchestra has a legacy of fine music making as reflected in its performances in historic Music Hall, recordings, and international tours...
as its 2nd Concert Master (1928-1932) and the 1st violinist of the Cincinnati String Quartet (1929-1932). After earning his A.B. from the University of Cincinnati
University of Cincinnati
The University of Cincinnati is a comprehensive public research university in Cincinnati, Ohio, and a part of the University System of Ohio....
in 1932, he abandoned his professional music career to study law at Northwestern University School of Law
Northwestern University School of Law
The Northwestern University School of Law is a private American law school in Chicago, Illinois. The law school was founded in 1859 as the Union College of Law of the Old University of Chicago. The first law school established in Chicago, it became jointly controlled by Northwestern University in...
, from which he graduated at age 35. He practiced law in Chicago before enrolling at Harvard University School of Law where he earned his Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
degree (LL.M.) in 1938.
Upon his graduation, Berger worked first for the Securities and Exchange Commission, then as Special Assistant to the U.S. Attorney General, and, finally, as Counsel to the Alien Property Custodian
Alien Property Custodian
An Alien Property Custodian was an office within the Government of the United States during World War I and again during World War II, serving as a Custodian of Enemy Property to property that belonged to US enemies.-World War I:...
during World War II. Following the war, he entered private practice in Washington, D.C. where he remained until 1961. Berger began teaching law at the University of California, Berkeley, School of Law in 1962 as its Regents' Professor 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
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
, Executive Privilege
Executive privilege
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government...
, and the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
His publications include:
- Congress v. The Supreme Court (1969) ISBN 9780674162105
- Impeachment: The Constitutional Problems (1972) ISBN 9780674444751
- Executive Privilege: A Constitutional Myth (1974) ISBN 9780674274259
- Government by Judiciary: The Transformation of the Fourteenth Amendment (1975) ISBN 9780674357952
- Death Penalties: The Supreme Court's Obstacle Course (1982) ISBN 9780674194267
- Federalism: The Founders' Design (1987) ISBN 9780806120591
- Selected Writings on the Constitution (1987) [with Philip Kurland] ISBN 9780940973008
- The Fourteenth Amendment and the Bill of Rights (1989) ISBN 9780806121864
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
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
'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
Warren Court
The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents...
's expansive interpretation of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
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. 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.
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.