Purchase
Active Liberty: Interpreting Our Democratic Constitution
Stephen Breyer
Active Liberty is a declaration of the first importance, made by a judge often regarded as one of the court?s most brilliant members.
Alfred A. Knopf
September 2005
176 pages ISBN: 0307263134 Hardcover
Add to Wish List
Non-Fiction
This book, based on the Tanner lectures on Human Values
that Justice Stephen Breyer delivered at Harvard University
in November 2004, defines the term “active liberty” as a
sharing of the nation’s sovereign authority with its
citizens. Regarding the Constitution as a guide for the
application of basic American principles to a living and
changing society rather than as an arsenal of rigid legal
means for binding and restricting it, Justice Breyer argues
that the genius of the Constitution rests not in any static
meaning it might have had in a world that is dead and gone,
but in the adaptability of its great principles to cope
with current problems. Giving us examples of this approach in the areas of free
speech, federalism, privacy, affirmative action, statutory
interpretation, and administrative law, Justice Breyer
states that courts should take greater account of the
Constitution’s democratic nature when they interpret
constitutional and statutory texts. He also insists that
the people, through participation in community life, can
and must develop the experience necessary to govern their
own affairs. His distinctive contribution to the federalism
debate is his claim that deference to congressional power
can actually promote democratic participation rather than
thwart it. He argues convincingly that although Congress is
not perfect, it has done a better job than either the
executive or judicial branches at balancing the conflicting
views of citizens across the nation, especially during
times of national crisis. With a fine appreciation for
complexity, Breyer reminds all Americans that Congress,
rather than the courts, is the place to resolve policy
disputes.
Comments
No comments posted.
Registered users may leave comments.
Log in or register now!
|