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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.]]> 133095 2 1050160 2005 Active Liberty: Interpreting Our Democratic Constitution total:112|5:0|4:2|3:1|2:2|1:0| 112 365 192 24 76725 3.25 114 24 41062459 1823693 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 101
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.]]> 2005 2 0 false Tue Jun 03 00:00:00 -0700 2008 Sat Dec 27 21:55:48 -0800 2008 Sat Dec 27 21:56:30 -0800 2008 more...]]> 54123367 2256932 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 3 0 false Sun Oct 12 00:00:00 -0700 2008 Mon Apr 27 09:01:08 -0700 2009 Mon Apr 27 09:04:32 -0700 2009 more...]]> 41603918 938364 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 3 0 false Fri Jan 02 00:00:00 -0800 2009 Fri Jan 02 09:29:09 -0800 2009 Sat Jan 03 13:35:35 -0800 2009 more...]]> 4459492 273793 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 5 1 false Sun Jul 01 00:00:00 -0700 2007 Sun Aug 12 22:06:04 -0700 2007 Thu Dec 17 04:55:41 -0800 2009 short and repetitive, but the fund...more...]]> 52501733 71349 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 1 0 false Wed Apr 01 00:00:00 -0700 2009 Mon Apr 13 09:40:21 -0700 2009 Mon Apr 13 09:42:51 -0700 2009 more...]]> 57901605 385886 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 4 0 false Fri Jun 05 00:00:00 -0700 2009 Sat May 30 19:04:40 -0700 2009 Fri Jun 05 08:03:20 -0700 2009 more...]]> 49740498 812502 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 2 0 false Wed Mar 18 22:15:04 -0700 2009 Wed Mar 18 22:16:06 -0700 2009 72581808 260609 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 4 0 false Tue Sep 15 00:00:00 -0700 2009 Sat Sep 26 15:01:01 -0700 2009 Sat Sep 26 15:01:56 -0700 2009 42564943 1885272 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 3 0 false Sat Jan 10 09:01:22 -0800 2009 Sat Jan 10 09:02:08 -0800 2009 43759697 1936396 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 3 0 false Tue Jul 01 00:00:00 -0700 2008 Tue Jan 20 18:58:05 -0800 2009 Tue Jan 20 18:58:43 -0800 2009 58783328 2384659 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 4 0 false Sun Jun 07 15:35:57 -0700 2009 Sun Jun 07 15:50:38 -0700 2009 38438369 903174 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 5 0 false Sun Nov 23 04:30:22 -0800 2008 Sun Nov 23 04:30:22 -0800 2008 11605598 208528 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 5 0 false Mon May 12 00:00:00 -0700 2008 Thu Jan 03 23:17:00 -0800 2008 Mon May 12 12:40:17 -0700 2008
The workability of the theory h...more...]]> 7411613 506296 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 4 0 false Thu Sep 01 00:00:00 -0700 2005 Sun Oct 07 21:38:28 -0700 2007 Mon Oct 08 08:53:53 -0700 2007 4785247 289521 1063520 0307263134 9780307263131 2 http://photo.goodreads.com/books/1180670068m/1063520.jpg http://photo.goodreads.com/books/1180670068s/1063520.jpg http://www.goodreads.com/book/show/1063520.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.27 11 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.]]> 2005 4 0 false Sun Apr 01 00:00:00 -0700 2007 Sun Aug 19 18:20:43 -0700 2007 Thu Dec 17 05:57:26 -0800 2009 28033011 1164772 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 3 0 false Wed Jul 23 01:49:16 -0700 2008 Wed Jul 23 01:50:40 -0700 2008 7522511 156757 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 3 0 false Mon Oct 01 00:00:00 -0700 2007 Wed Oct 10 06:14:48 -0700 2007 Fri Oct 19 09:37:45 -0700 2007 4329136 267114 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 3 0 false Fri Jun 01 00:00:00 -0700 2007 Thu Aug 09 14:06:29 -0700 2007 Wed Dec 09 07:58:51 -0800 2009 25594643 1274897 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 4 0 false Thu Jun 26 14:53:10 -0700 2008 Thu Jun 26 14:56:00 -0700 2008 270826 26229 133095 0307274942 9780307274946 22 http://photo.goodreads.com/books/1172016282m/133095.jpg http://photo.goodreads.com/books/1172016282s/133095.jpg http://www.goodreads.com/book/show/133095.Active_Liberty_Interpreting_Our_Democratic_Constitution 3.26 112
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.]]> 2005 2 0 false Wed Mar 14 13:26:17 -0700 2007 Thu Mar 15 18:08:05 -0700 2007
quite a few of the points leave you thinking "well, no duh"]]> 8 http://www.goodreads.com/book_link/follow/8?book_id=133095