Active Liberty

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Active Liberty: Interpreting Our Democratic Constitution
Active Liberty.jpg
Active Liberty cover
AuthorStephen Breyer
Publication date
Media typePrint (Hardcover)

Active Liberty: Interpreting Our Democratic Constitution is a 2005 book by United States Supreme Court Justice Stephen Breyer.[1] The general theme of the book is that Supreme Court justices should, when dealing with constitutional issues, keep "active liberty" in mind,[1] 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.[2]


  1. ^ a b Hudson, David D. (2007). The Rehnquist Court: understanding its impact and legacy. New York: Praeger Publishers. p. 52. ISBN 0-275-98971-2.
  2. ^ Consent of the Governed, by Kathleen M. Sullivan. New York Times. February 5, 2006.

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