Professor Berger's new book, Government by Judiciary: The Transformation of

the Fourteenth Amendment, was a bombshell, coming as it did from a lifelong liberal. In today's discussion Professor Berger guides us through the history of judicial usurpation and speaks movingly of his own conflict: "I'm a liberal by the crudest test of all: I'm willing to pay to make things better.... My commitment to the Constitution rises paramount to every other consideration. It's not that I love segregation; in fact one of the very painful things that I have to confront is that I find myself in bed with people I detest. They're going to applaud me; whereas people I respect and esteem are going to criticize me."