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The author provides evidence that the States existed before the nation was formed and that the States and the federal government were to have mutually exclusive spheres in which each was sovereign, or dual federalism. He also shows that the interstate commerce clause was not intended to authorize federal intrusion into State control of internal matters.

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CHOICE Review

Berger, an eminent legal and constitutional scholar, tackles the much debated question of the Founding Fathers' intentions concerning federalism-the distribution of power between the preexisting states and the nascent national government. Combing through historical evidence, he finds that their intention was to recognize two separate spheres of power, a system of dual sovereignty. He challenges head-on the long train of Supreme Court decisions, based on the commerce and general welfare clauses and the 14th Amendment of the Constitution, that extended national power into areas reserved to the states by the 10th Amendment, as usurpation, contrary to the framers' intentions. If the Supreme Court is to continue as umpire of the federal system, Berger argues, it should be authorized to do so by specific amendment. Tightly argued and heavily documented, Berger's book presents a compelling argument for states' power under the Constitution generally and the 10th Amendment in particular. A comprehensive bibliography, a table of cases cited, and a thorough index add to the usefulness of the book. It should join Berger's other studies of the Constitution as a definitive work. Upper-division and graduate students and general readers.-R.H. Leach, Duke University