In “Government by Judiciary: The Transformation of the Fourteenth Amendment” Raoul Berger argues that the Fourteenth Amendment is treated by activist judges as a platform for “social and political revolution.” In theory, the role of the courts is to interpret the Constitution not to amend it. Nevertheless, by treating the Fourteenth Amendment as a “vague and elastic” tool designed to forge a brave world of racial equality, progressive judges have conferred revolutionary powers on themselves. Progressive courts, while purporting merely to enforce the equal protection of the law, have reasoned that in order to give effect to equality it is necessary to “incorporate” the Bill of Rights into the Fourteenth Amendment. This then allows the Bill of Rights to be litigated in anti-discrimination cases brought by civil rights activists against state governments. Instead, advocates of judicial activism began to assert that neither the words of the Constitution nor the intentions of the framers are any longer relevant.