oxymoron
Active Liberty
Translation
Breyer is free to make sure that you aren't
do you have to be a subscriber? I get a log in page from the link.
Funny. The Father of the Constitution said this:
Democracy is the most vile form of government... democracies have ever been spectacles of turbulence and contention: have ever been found incompatible with personal security or the rights of property: and have in general been as short in their lives as they have been violent in their deaths.A man so ignorant of the Constitution as to us the adjective democratic to describe it, should never have been appointed, let alone confirmed, to the Court.
ML/NJ
Our Congress will do nothing to rein in the activism of the judiciary -- that's a given.
But, isn't this book a breach of the "good behavior" standard in Article 3 of the Constitution?
After all, how can a sitting judge write a book that denies the "originalist intent" of the Framers, and still be considered a judge with "good behavior"?
The Judicial Oath, for all Federal Judges and Justices:
"I, _______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States[as originally written] against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
In addition, each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office. Section 8 of the Judiciary Act of 1789, as amended in 1990: "I, __________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (name of position) under the Constitution and laws of the United States. So help me God.”
FGS
Interesting that he claims the Constitution is democratic. Now many voter initiatives (a truly democratic method with all the positives and negatives that implies) have been struck down by the various circuit courts and the supreme court. Breyer is just using his claims of "democracy" as a thin veil for a "rule by judges".
>>>A judge's task, he says, is construing the Constitution in a way "that helps a community of individuals democratically find practical solutions to important contemporary social problems." He calls that freedom to participate in government "active liberty," a complement to passive liberties that protect the individual from interference by the government.<<<
Of course, democratic solutions are only acceptable if they result in the implementation of leftwing policy. Democratic moves to ban gay marriage and restrict abortion, for example, can't be tolerated by the likes of Breyer.
What we really need is an Andrew Jackson moment where one or two or both of the other allegedly coequal branches simply defy the Court.