Simon and Schuster, 1987; reprinted, Madison Books, 1992.

Walter Berns’s book is must reading for every judge, law student, or member of the general public who wants to know more about our Federal Constitution. Berns concisely and clearly relates the history of the document but brings it down into modern, everyday life with an excellent discussion of the difference between “rights” and “interests” which keep getting confused by the United States Supreme Court.

Table of Contents

Preface
Introduction

CHAPTER I

Constituting the People of the United States
The Tories
The Indians
The Blacks
“Jews, Turks, and Infidels”
Conclusion

CHAPTER II

Constituting the Government: The Convention
Popular Sovereignty
State Sovereignty
A More Perfect Union
The Philadelphia Convention
Ratification

CHAPTER III

Constituting Democracy
The Bill of Rights
The New Science of Politics
Distributing Powers
Representation
Conclusion

CHAPTER IV

Constitutionalism and the Religions Problem
The Religious Problem
The Commerce Republic
Conclusion

CHAPTER V

Constitutionalism as Such
Forms and Formalities
Conclusion

CHAPTER VI

Deconstructing America
An Independent Judiciary
The Fourteenth Amendment
Government by Judiciary
Conclusion: Quis custodiet ipsos Custodes?

CHAPTER VII

Taking the Constitution Seriously

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