Active Liberty
''Active Liberty: Interpreting Our Democratic Constitution'' is a 2005 book by Supreme Court of the United States, United States Supreme Court Justice Stephen Breyer. The general theme of the book is that Supreme Court justices should, when dealing with United States Constitution, constitutional issues, keep "active liberty" in mind, which Justice Breyer defines as the right of the citizenry of the country to participate in government. Breyer's thesis is commonly viewed as a American liberalism, liberal response to originalism, a view espoused by Antonin Scalia, Justice Antonin Scalia. Background ''Active Liberty'' is based on the Tanner Lectures on Human Values that Breyer delivered at Harvard University in November 2004. Reception In a review of ''Active Liberty'', Pierre Rosanvallon said that Breyer's arguments are convincing but they would be benefit from being "more firmly grounded if he had also touched on the Constitution's textual vagueness". Richard A. Posner of the ...
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Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Ketanji Brown Jackson, who was nominated by President Joe Biden, was his designated successor. Breyer was generally associated with the liberal wing of the Court. He is now the Byrne Professor of Administrative Law and Process at Harvard Law School. Born in San Francisco, Breyer attended Stanford University, the University of Oxford as a Marshall Scholar, and graduated from Harvard Law School in 1964. After a clerkship with Associate Justice Arthur Goldberg in 1964–65, Breyer was a law professor and lecturer at Harvard Law School from 1967 until 1980. He specialized in administrative law, writing textbooks that remain in use today. He held other prominent positions before being nominated to the ...
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