Active Liberty

Interpreting Our Democratic Constitution

Nonfiction, Social & Cultural Studies, Political Science, Government, Civics, Reference & Language, Law, Constitutional
Cover of the book Active Liberty by Stephen Breyer, Knopf Doubleday Publishing Group
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Author: Stephen Breyer ISBN: 9780307424617
Publisher: Knopf Doubleday Publishing Group Publication: December 18, 2007
Imprint: Vintage Language: English
Author: Stephen Breyer
ISBN: 9780307424617
Publisher: Knopf Doubleday Publishing Group
Publication: December 18, 2007
Imprint: Vintage
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.

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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.

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