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.
Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.
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. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
News reports bring to our ears daily stories of further intrusion in our lives and increased regulations too many to number. America is losing its heritage of God-given freedoms, which were originally derived from biblical teaching. We sense that our well-sung liberties are being lost to a point of no return. The Liberty Book examines the Christian roots of liberty, idolatry, taxation, foundations for freedom, the right to bear arms, the great freedom documents in history, pro-life and liberty, land rights, social involvement, and more. With God’s help freedom can be revived. We must all work to pull America back from the cliffs-edge fall into tyranny. Our nation is again in search of genuine liberty under God. Discover what Bible-based liberty looks like and how it can be won for you and your children.
This is an essay by Benjamin Constant. In this essay, Constant contrasted two views on freedom: one held by "the Ancients," particularly those in Classical Greece, and the other by members of modern societies. He investigates the dangers of attempting to impose ancient liberty in a modern context, as well as the risks associated with each type of liberty. The danger of ancient liberty was that men, preoccupied with securing their share of social power, might place too little value on individual rights and pleasures. The danger of modern liberty is that we will give up our right to participate in political power too easily, absorbed in the enjoyment of our independence and the pursuit of our particular interests." Constant believes that the two types of liberty must eventually be combined.
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
In Give Me Liberty: A Handbook for American Revolutionaries, bestselling author Naomi Wolf illustrates the changes that can take place when ordinary citizens engage in the democratic system the way the founders intended and tells how to use that system, right now, to change your life, your community, and ultimately, the nation. As the practice of democracy becomes a lost art, Americans are increasingly desperate for a restored nation. Many have a general sense that the “system” is in disorder—if not on the road to functional collapse. But though it is easy to identify our political problems, the solutions are not always as clear. In Give Me Liberty: A Handbook for American Revolutionaries, bestselling author Naomi Wolf illustrates the breathtaking changes that can take place when ordinary citizens engage in the democratic system the way the founders intended and tells how to use that system, right now, to change your life, your community, and ultimately, the nation.
Loyalty and Liberty offers the first comprehensive account of the politics of countersubversion in the United States prior to the McCarthy era. Beginning with the loyalty politics of World War I, Alex Goodall traces the course of American countersubversion as it ebbed and flowed throughout the first half of the twentieth century, culminating in the rise of McCarthyism and the Cold War. This sweeping study explores how antisubversive fervor was dampened in the 1920s in response to the excesses of World War I, transformed by the politics of antifascism in the Depression era, and rekindled in opposition to Roosevelt's ambitious New Deal policies in the later 1930s and 1940s. Identifying varied interest groups such as business tycoons, Christian denominations, and Southern Democrats, Goodall demonstrates how countersubversive politics was far from unified: groups often pursued clashing aims while struggling to balance the competing pulls of loyalty to the nation and liberty of thought, speech, and action. Meanwhile, the federal government pursued its own course, which alternately converged with and diverged from the paths followed by private organizations. By the end of World War II, alliances on the left and right had largely consolidated into the form they would keep during the Cold War. Anticommunists on the right worked to rein in the supposedly dictatorial ambitions of the Roosevelt administration, while New Deal liberals divided into several camps: the Popular Front, civil liberties activists, and embryonic Cold Warriors who struggled with how to respond to communist espionage in Washington and communist influence in politics more broadly. Rigorous in its scholarship yet accessible to a wide audience, Goodall's masterful study shows how opposition to radicalism became a defining ideological question of American life.
