Author: Stephen Breyer
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. From the Trade Paperback edition.
Author: Stephen Breyer
Publisher: Vintage Books USA
The Supreme Court justice defines and examines the legal principles of active liberty and emphasizes its importance in constitutional and statutory interpretation, using examples from the areas of federalism to affirmative action to argue that the Constitution and its tenets may adapt to changing situations and times. Reprint. 35,000 first printing.
Author: Stephen G. Breyer
Publisher: Alfred a Knopf Incorporated
Defines and examines the principles of active liberty and emphasizes its importance in constitutional and statutory interpretation.
Summary: Active Liberty
Author: BusinessNews Publishing
The must-read summary of Stephen Breyer's book: "Active Liberty: Interpreting Our Democratic Constitution". This complete summary of "Active Liberty" by Stephen Breyer, a liberal-leaning Supreme Court Justice in the United States, outlines the author's argument that the American Constitution should be used as a guide for the application of American principles. He highlights the fact that the Constitution must not be rigid but adapt to the needs of society, and that American citizens should have more participation in the shaping of the country's laws, a principle which requires more deference to Congress and judicial modesty. Added-value of this summary: • Save time • Gain understanding of the American Constitution and its implications • Expand your knowledge of American politics and society To learn more, read "Active Liberty" and discover Breyer's views on active liberty and the role of the Constitution in the modern age.
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of--and the persistent tensions between--constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Author: Alexia Marcelle Abegg
Publisher: C&T Publishing Inc
Since 1875, Liberty of London has beenproducing high-end fabrics renowned for their sumptuous color, striking design,and silky-smooth hand. Alexia’s fascination with these lavish prints began as achild, when she sewed her first blouse. Readers can rekindle their love forLiberty with this delightful collection of quilt and sewing projects for theirfamilies and homes. Each design combines fresh, modern aesthetics with thetraditional Liberty polish we’ve all treasured for a lifetime. A lovely array of quilts, family apparel, and accessories for the wardrobe and home Learn how to combine the popular Liberty Tana Lawn lines with other fabrics Full-size templates are included, with graded tissue paper garment patterns
Empire of Liberty
Author: Robert W. Tucker, David C. Hendrickson
Publisher: Oxford University Press
Empire of Liberty takes a new look at the public life, thought, and ambiguous legacy of one of America's most revered statesmen, offering new insight into the meaning of Jefferson in the American experience. This work examines Jefferson's legacy for American foreign policy in the light of several critical themes which continue to be highly significant today: the struggle between isolationists and interventionists, the historic ambivalence over the nation's role as a crusader for liberty, and the relationship between democracy and peace. Written by two distinguished scholars, this book provides invaluable insight into the classic ideas of American diplomacy.
Equality and Liberty
Author: J. Angelo Corlett
Equality and Liberty: Analysing Rawls and Nozick is an indispensable source for those seriously interested in some rigorous assessments of the ideas of America's two most popular political philosophers. The essays in this volume cover a wide range of topics, some engaging each other in their analyses of particular Rawlsian or Nozickian themes. This collection of recent essays brings the student up-to-date concerning some of the more recent developments and assessments of Rawlsian and Nozickian ideas.
Statutes of Liberty
Author: G. Ward
Statutes of Liberty (1993) was the first book on The New York School of Poets, and offers the definitive critical account of its key figures: John Ashbery, Frank O'Hara and James Schuyler. This second edition contains up-to-date material on the group and its growing influence on postmodern poetics. A new postscript focuses on the work of Ashbery, currently the most esteemed American poet since Wallace Stevens, and his profile output in the 1990s, including his two hundred page epic poem Flow Chart.
Author: John Stuart Mill
Working after the war, Hayek's writing was very much against the tide of mainstream Keynesian economic thought. But in the 1970s and 1980s - the eras of Thatcherism and Reaganomics - he was championed as a prophet of neo-liberalism by those who were seeking to revolutionize the post-war social consensus. The Constitution of Liberty is crucial reading for all those seeking to understand ideas that have become the orthodoxy in the age of the globalized economy.
Examining the erosion of people's democratic rights and the potential catastrophic dangers of neglecting civil liberties, this book explores the endemic danger of the enlarged power of the state and the central role of Government in undermining personal freedoms through the use of state force in the name of the protection of security.