Active Liberty: Interpreting Our Democratic Constitution

Active Liberty: Interpreting Our Democratic ConstitutionA 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

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.

Binding Type: Paperback
Publisher: Vintage
Published: 10/10/2006
ISBN: 9780307274946
Pages: 161
Weight: 0.36lbs
Size: 8.10h x 5.30w x 0.40d

Review Citations: Kliatt 03/01/2007 pg. 36