Active Liberty: Interpreting Our Democratic Constitution

Summary

A highly respected associate justice of the United States Supreme Court since 1994, Stephen Breyer delivers a lucid and persuasive declaration that “active liberty”—the participation of American citizens in the process of government—should be a guiding principle of our nation.

Breyer also argues that the place for lawmaking and policy debate is Congress, which he believes has always handled such matters better than either the judicial or executive branches. But when decisions must be made by the Supreme Court, Breyer favors a democratic interpretation of the Constitution—in keeping with the original spirit of the document—and strongly criticizes the literal approach favored by some of his colleagues.

In this exceedingly polarized time, with the high court facing some of its most controversial issues, Active Liberty is a refreshing reminder of the purpose of government and role of the American citizenry.