In addition to the information and references linked here, I have just put online several important works by Raoul Berger, as well as others such as his opponent Michael Kent Curtis, here. These include the following (some significant ones, IMO, are in bold):
Books
- Berger, Raoul, The Fourteenth Amendment and the Bill of Rights (1989)
- Berger, Raoul, Government by Judiciary: The Transformation of the Fourteenth Amendment (1977)
- Berger, Raoul, Federalism: The Founder’s Design (portions)
- Quirk, William J. & R. Randall Bridwell, Judicial Dictatorship (1995) (How High The Court?, book review by David Gordon)
Articles
- Fourteenth Amendment & Selective Incorporation — summary, links — by Jim Allison
- Amar, Akhil Reed, Articles on the Fourteenth Amendment by Akhil Reed Amar
- Berger, Raoul, Incorporation of the Bill of Rights in the Fourteenth Amendment: A Nine-Lived Cat (1981)
- Berger, Raoul, Incorporation of the Bill of Rights: A Reply to Michael Curtis’ Response (1983)
- Boyle, F.W., Just What Rights Do You Have in the U.S., 1998, another on incorporated rights; and excerpts from a chapter on Fourteenth Amendment from his book The Rape of the Constitution
- Curtis, Michael Kent, The Fourteenth Amendment and the Bill of Rights, Conn.L.Rev. 1982
- Curtis, Michael Kent, Further Adventures of a Nine Lived Cat: A Response to Mr. Berger on Incorporation of the Bill of Rights, Ohio.St.L.J. 1982
- DiLorenzo, Thomas J., The Truth About the 14th Amendment
- Healy, Gene, The 14th Amendment and the Perils of Libertarian Centralism (2000/5/5) (I believe this was presented to the Law and Economics panel at the Mises Institute’s Austrian Scholars Conference 6, March 25, 2000)
- Summary of Kentucky and Virginia Resolves
- Jefferson’s Draft of the Kentucky Resolutions : October – 1798
- Kentucky Resolution : 1799 (Jefferson)
- Virginia Resolution : 1798 (James Madison)
- St. George Tucker on the Constitution and Federalism
- The States’ Rights Tradition Nobody Knows, by Thomas Woods
{Of course, of course, the dimwit-Seriosos will accuse anyone daring to cite Berger as an anti-semitic, bigoted, homophobic covert defender of chattel slavery. Two word: Wolf! Wolf!}
And a few more Kelo-specific pieces worthing noting:
- Palmer v. Kinsella on Federalism–hnn Kelo thread (copy on my site in case this one is deleted by hnn)
- Lessons From the Kelo Decision, by Ron Paul (agreeing that the Fifth Amendment is not applicable to the States)
- Why the Supreme Court Should Have Just Shut Up, by T-boy Gregory
- Private Property in Peril, by William J. Watkins Jr. (Watkins in this piece does not address the federalism aspects of the case; but in this post, he does, noting “As an academic matter, I believe that incorporation of the Bill of Rights is judicial hocus pocus. As Justice Marshall noted in Barron v. Baltimore, the Bill of Rights does not apply to the states. Thus, in my preferred world of constitutional analysis, Kelo would be a state law matter settled in state courts or state legislatures.”)
