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Active Liberty: Interpreting Our Democratic Constitution
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Binding: Hardcover
Dewey Decimal Number: 342.73
EAN: 9780307263131
ISBN: 0307263134
Label: Knopf
Manufacturer: Knopf
Number Of Items: 1
Number Of Pages: 176
Publication Date: September 13, 2005
Publisher: Knopf
Release Date: September 13, 2005
Studio: Knopf
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Editorial Review:
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.
Customer Reviews
Average Rating: 
Rating:  - It wouldn't be nice to "dis'" a Supreme Court Justice
Justice Stephen Breyer, in this short book, clearly describes his judicial philosophy. "Short" is one of the aspects recommending "Active Liberty." The non-lawyer reader might find some of Justice Breyer's explanations a bit involved and sometimes less well defined, and the professional attorney reader might find the text a bit too easy, though some attorneys could take a lesson in brevity from this work! The author spends his book space explaining his view of the tension between "active liberty" ... Read More
Rating: - Breyer v. Scalia
"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 constitutional history). In the case of the Constitution, his approach would favor interpretations that promote popular participation ... Read More
Rating: - A insightful look at a incoherent method of judicial interpretation
Justice Bryer is the most dangerous justice on the Supreme Court. Time and time again, Bryer fails to declare laws that are unconstitutional, unconstitutional. Among the justices, Bryer declares the fewest laws unconstitutional. Out of context, this means little, if anything; however, the reasons for his actions, as outlined in this book, should be terrifying to any American that cherishes individual liberty. As other reviewers have noted, Bryer believes the constitution is essentially democratic, and ... Read More
Rating: - Love It or Hate It, It's Honest and Interesting
With many ideological books, you will likely love them or hate them based on your own ideology. Unlike most ideological books, however, I think you will enjoy this one regardless of your own philosophy. Breyer clearly states his own method of constitutional interpretation and comes off as completely genuine.
Unfortunately he's often defending the indefensible. How in the world can sexual assault be considered interstate commerce? What about gun possession in a school zone as interstate ... Read More
Rating: - Short volume which is a reworking of a series of lectures
I had the pleasure of hearing Associate Supreme Court Justice Stephen Breyer speak. He's an engaging speaker, warm and funny. In preparation for his appearance I read his latest book, Active Liberty, a short volume which is a reworking of a series of lectures he gave at Harvard in 2001. In it, Breyer explains the concept of liberty and its responsibilities and his belief in the Constitution as a living, changing document. He also explains how the Supreme Court works, how it should work and how people whose ... Read More
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