Originally published in 1977, this book launched a national debate on the proper role of American courts that has continued down to the present. One of the first constitutional scholars to question the growth of judicial activism in modern America, Berger contended that the United States Supreme Court, throughout most of the 20th century, has been engaged in a continuing revision of the Constitution, under the guise of 'interpretation', that has subverted our democratic institutions.

The little understood yet volcanic power of impeachment lodged in the Congress is dissected through history by the nation's leading legal scholar on the subject. Raoul Berger offers authoritative insight into "high crimes and misdemeanors." He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside of office, and on whether impeachment must precede indictment. In an addition to the book, Berger finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St. Clair.