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Active Liberty

Interpreting Our Democratic Constitution

By Stephen Breyer

(2)

| Hardcover | 9780307263131

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Book Description

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 fContinue

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.

Active Liberty is a declaration of the first importance, made by a judge often regarded as one of the court’s most brilliant members.

Critics

  • Consent of the Governed

    ON the first Monday in October, the United States Supreme Court opened its term under the gavel of the new Chief Justice, John G. Roberts Jr., President Bush's first nominee to the court. In promising that the justices he appoints "will not legislate ... (read full critics)

    nytimes published on Fri, 17 Sep 2010

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  • Very readable defense of intentions-based interpretation

    Justice Breyer created a very readable defense of his approach of intentions-based Constitutional interpretation as compared to textually-literal interpretive styles. In relatively few pages, he makes the case for his point of view that purpose and outcomes should have a voice in Constitutional inte ... (continue)

    Justice Breyer created a very readable defense of his approach of intentions-based Constitutional interpretation as compared to textually-literal interpretive styles. In relatively few pages, he makes the case for his point of view that purpose and outcomes should have a voice in Constitutional interpretation, presents a contrary point of view, acknowledges strengths in others' points of view, but also calls out their weaknesses. Most poignantly, he dashes the myth that a literal reading of the text protects against biased interpretation. He argues that we get no more of an activist judiciary one way vs the other, and that judicial modesty is an important quality in sitting on the bench.

    From a layman's point of view, it makes sense that our system of justice is dynamic - not to rewrite meaning (that's the purpose of the amendment process), but to draw determinative conclusions to real conflict in evolving contexts from vaguely-written guiding principles. The genius of the Constitution is that the Founders must have foreseen the need for the application of the law to evolve, otherwise wouldn't they have used specific language?

    Justice Breyer starts this treatise on a note of Modern liberty (freedom from government oppression) and Ancient liberty (participatory government). He uses this merely as context, and doesn't delve into the responsibilities that come with this liberty. While this book is subtitled "Interpreting our Democratic Constitution," it's fair to take this approach. I'm currently reading his next book subtitled "Making our Democracy Work." I would expect an expansion on the role of the citizenry in this, but so far (half-way through) it seems simply to be the extended play of "Active Liberty." More on that later.

    Is this helpful?

    Andyberschauer said on Nov 3, 2010 | Add your feedback

Book Details

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  • English Books
  • Hardcover 176 Pages
  • Edition: 1
  • ISBN-10: 0307263134
  • ISBN-13: 9780307263131
  • Publisher: Knopf
  • Pub date: Sep 13, 2005
  • Dimensions: 1226 mm x 839 mm x 129 mm Just how big is that?
  • Also available as: Paperback and Audio CD
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