Freedom, Virtue and the First Amendment

The Louisiana State University Press, 1957; reprinted, Greenwood Publishing Group, 1969.

This book examines the First Amendment and issues of liberty and the American Founding. Table of Contents Preface Acknowledgments I           Censorship: A Classic Issue II         Freedom in American Thought III        Depravity, Yes—Obscenity, No… More

For Capital Punishment: Crime and the Morality of the Death Penalty

Basic Books, 1979; reprinted, University Press of America, 1991.

This distinguished constitutional theorist takes a hard look at current criminal law and the Supreme Court’s most recent decisions regarding the legality of capital punishment. Examining the penal system, capital punishment, and punishment in general, he reviews the continuing… More

After the People Vote: Steps in Choosing the President

American Enterprise Institute Press, 1983; second edition, 1992.

Explains how electors are appointed, how ballots are cast and votes are counted, and what happens if no one has a majority; and discusses three disputed elections.

In Defense of Liberal Democracy

Regnery Gateway, 1984.

In this new book of essays, Walter Berns give shape to the arena of American government and politics. He contends that “free government is an endangered species in our world,” wrought with political passion that at times threaten to overpower our constitutional rules and… More

Taking the Constitution Seriously

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… More

Making Patriots

University of Chicago Press, 2001; paperback edition, 2002.

Although Samuel Johnson once remarked that “patriotism is the last refuge of scoundrels,” over the course of the history of the United States we have seen our share of heroes: patriots who have willingly put their lives at risk for this country and, especially, its… More