Active Liberty
Encyclopedia
Active Liberty: Interpreting Our Democratic Constitution is a 2005 book by United States Supreme Court
Justice Stephen Breyer
. The general theme of the book is that Supreme Court justices should, when dealing with 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 liberal response to originalism
, a view espoused by Justice Scalia
.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
Justice Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
. The general theme of the book is that Supreme Court justices should, when dealing with Constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
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 liberal response to originalism
Originalism
In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...
, a view espoused by Justice Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
.