author is Supreme Court justice

2/27/22

It’s a good book and I hope his replacement on the Supreme Court reads it. Targeted more to lawyers, but readable and generally understandable for non-lawyers. Good footnote references to cases for those who want to dive a little deeper. ( )

Based on the "Tanner Lectures" at Harvard University in 2004, this book discusses constitutional law and liberty under the law. Breyer promulgates a concept entitled "active liberty" which presumably allows the law to maintain a pace with the changes in society and culture over time. I'm not sure that this is something that we should applaud. ( )

A fascinating discussion of varying judicial approaches to constitutional and statutory construction. "Active Liberty" is a principle that the Constitution has a purpose of preserving and enhancing the role of the people in their governance. Citing the language: ". . . deriving their just powers from the consent of the governed" he argues Judge's must interpret the constitution from the perspective which more likely serves this purpose. The last chapter was an excellent dissection of the "literalist" vs. the "active liberty" approaches to a jurist's work. Maybe the book is more likely to be read by students of the law but it should be read by all of us and considered as it relates to our responsibility as citizens. ( )