Active Liberty

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This book, based on Justice Stephen Breyer's Tanner lectures on Human Values at Harvard in November 2004, defines “active liberty” as the sharing of sovereign authority with citizens. Breyer views the Constitution as a guide for applying fundamental American principles to a dynamic society, rather than as a rigid legal framework. He argues that the Constitution's true genius lies in its adaptability to contemporary issues. Through examples in free speech, federalism, privacy, affirmative action, statutory interpretation, and administrative law, Breyer emphasizes that courts should consider the Constitution’s democratic nature in their interpretations. He advocates for citizen participation in community life as essential for self-governance. Breyer's unique contribution to the federalism debate is his assertion that deference to congressional power can enhance democratic participation. He argues that, despite its imperfections, Congress has more effectively balanced diverse citizen views than the executive or judicial branches, particularly during crises. With a nuanced understanding of complexity, Breyer asserts that Congress, not the courts, is the appropriate venue for resolving policy disputes. This work is a significant declaration from a judge widely recognized as one of the court’s most insightful members.