Books by Walter Berns

For more than half a century, Walter Berns has been a leading authority on the Constitution. This volume collects many of his most important essays on timeless constitutional and political questions.

The founding principles of the United States - freedom, autonomy, individual rights, and democratic dissent- often sit in opposition to the patriotic ideals of public spirit and self-sacrifice. This paradox is tackled in this work which argues the case for patriotism.

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 debate about the purpose of punishment for deterrence, rehabilitation, or retribution. He points out that the steady moderation of criminal law has not effected a corresponding moderation in criminal ways or improved the conditions under which men must live. He decries the "pious sentiment" of those who maintain that criminals need to be rehabilitated. He concludes that the real issue is not whether the death penalty deters crime, but that in an imperfect universe, justice demands the death penalty. Originally published by Basic Books in 1979.