Active Liberty

Author: Stephen Breyer
Publisher: Vintage
ISBN: 9780307424617
Format: PDF, Kindle
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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.

Active Liberty

Author: Stephen Breyer
Publisher: Vintage Books USA
ISBN: 0307274942
Format: PDF, ePub, Mobi
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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.

Active Liberty

Author: Stephen G. Breyer
Publisher: Alfred a Knopf Incorporated
ISBN: 0307263134
Format: PDF, Docs
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Defines and examines the principles of active liberty and emphasizes its importance in constitutional and statutory interpretation.

Summary Active Liberty

Author: BusinessNews Publishing
Publisher: Primento
ISBN: 2511003090
Format: PDF, ePub
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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.

The Court and the World

Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101912073
Format: PDF, Mobi
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"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.

A Matter of Interpretation Federal Courts and the Law

Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400882958
Format: PDF, Mobi
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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.

The Supreme Court and the Idea of Constitutionalism

Author: Steven Kautz
Publisher: University of Pennsylvania Press
ISBN: 0812221907
Format: PDF, Kindle
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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.

Liberty Love

Author: Alexia Marcelle Abegg
Publisher: C&T Publishing Inc
ISBN: 1607056275
Format: PDF, ePub, Docs
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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

Balancing Liberty and Security

Author: Kate Moss
Publisher: Springer
ISBN: 0230319319
Format: PDF
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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.

Empire of Liberty

Author: Robert W. Tucker
Publisher: Oxford University Press
ISBN: 0199923450
Format: PDF, ePub, Mobi
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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.