Stephen G. Breyer - Active Liberty: Interpreting Our Democratic Constitution

In this collection of essays on law and government, Supreme Court Justice Stephen Breyer, known as a moderate (though in comparison to several of his colleagues, a liberal), expresses his view that the Constitution is a "living document" that can be applied in modern-day cases that were not even imagined by the founders. The values expressed in the document can guide both judges and, more importantly, the people, in whom, according to Breyer, the authority to govern lies. Breyer is in favor of participation in government, and he assesses how well each of the three branches allow for and promote that. This is what he means by "active liberty." In an essay on judicial interpretation, he writes against the "originalist" approach, which through a strict reading, tries to recover the intentions of the Founders. Breyer's essays are based on lectures he delivered at Harvard University in 2004.