Active Liberty Interpreting Our Democratic Constitution

ISBN-10: 0307274942
ISBN-13: 9780307274946
Edition: N/A
Authors: Stephen Breyer
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Description: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer. For Justice Breyer, the Constitution's primary role is to preserve and encourage what he calls "active liberty": citizen  More...

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Book details

List price: $15.00
Publisher: Knopf Doubleday Publishing Group
Publication date: 10/10/2006
Binding: Paperback
Pages: 176
Size: 5.50" wide x 8.00" long x 0.50" tall
Weight: 0.616
Language: English

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer. For Justice Breyer, the Constitution's primary role is to preserve and encourage what he calls "active liberty": citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution's lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Acknowledgments
Introduction
The Theme: Active Liberty
The Theme Considered...
...As Falling Within an Interpretive Tradition...
...And Consistent with the Constitution's History
Applications
Speech
Federalism
Privacy
Affirmative Action
Statutory Interpretation
Administrative Law
Recapitulation
A Serious Objection
Epilogue
Notes
Index

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