Read Active Liberty: Interpreting Our Democratic Constitution by Stephen Breyer Online
[Stephen Breyer] ☆ Active Liberty: Interpreting Our Democratic Constitution ☆ Read Online eBook or Kindle ePUB. Active Liberty: Interpreting Our Democratic Constitution Michael White said Slim volume leaves one wanting more development. Other reviews have already covered the content of this book, especially the Washington Post review on this page. Whether you agree with Breyer's philosophy or not, this book is worth reading if you're interested in learning first-hand why people with Breyer's outlook oppose the textualist approach to Constitutional interpretation taken by Scalia and others.This book is reall. Breyer v. Scalia not me "Active Liberty" by Supreme C
| Title | : | Active Liberty: Interpreting Our Democratic Constitution |
| Author | : | |
| Rating | : | 4.43 (776 Votes) |
| Asin | : | 0307274942 |
| Format Type | : | paperback |
| Number of Pages | : | 176 Pages |
| Publish Date | : | 2014-09-25 |
| Language | : | English |
(Interestingly, he doesn't discuss the Court's simultaneous decision against the university's undergraduate affirmative action program.)Breyer saves his hard ball for the very end: a calm, judicious but powerful attack on the interpretive approach of some of his judicial colleagues, what he calls an "originalist" approach, relying primarily on a close reading of the text of a statute or the Constitution. Breyer himself made the crucial deciding votes recently in the two 10 Commandments cases: he notably split his vote, supporting the display in Texas and opposing the one in Kentucky, a nuanced choice that confounded many and that he explains lucidly here. This will be essential reading at a possibly watershed moment for the Supreme Court. All rights reserved. For instance, in free speech, Breyer notes that an active-liberty outlook would have led the Court to support
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.. 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
Michael White said Slim volume leaves one wanting more development. Other reviews have already covered the content of this book, especially the Washington Post review on this page. Whether you agree with Breyer's philosophy or not, this book is worth reading if you're interested in learning first-hand why people with Breyer's outlook oppose the textualist approach to Constitutional interpretation taken by Scalia and others.This book is reall. Breyer v. Scalia not me "Active Liberty" by Supreme Court Justice Steve Breyer is a well-written but very esoteric book about statutory and constitutional interpretation. Breyer defends a "consequentialist" approach to interpretation that would construe ambiguous laws so as to give real-world effect to their purposes (as revealed in text and structure, court precedents, and legislative and constitu. Jonathan Groner said A new lens with which to view the Constitution. In this book, Breyer exhibits the intellectual modesty, moderation, and thoughtfulness for which he has become known. Perhaps to the chagrin of doctrinaire liberals, he is not nearly as strident an advocate of his views as Antonin Scalia is of his.Breyer makes the case convincingly, as a matter of sheer logic, that the Constitution should be interpreted in such a way as to f
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