Title: The conscience of the Constitution : the Declaration of Independence and the right to liberty /
Authors: Sandefur, Timothy,
Year: 2014
Subjects: Civil rights United States; Due process of law United States; Political questions and judicial power United States.; Liberty Philosophy; Civil rights; Due process of law; Liberty Philosophy; Political questions and judicial power; United States
Abstract: "Timothy Sandefur's insightful new book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community-rather than the primacy of liberty, as expressed in the Declaration of Independence-has helped expand the scope of government power at the expense of individual rights. Now, more than ever, the Declaration of Independence should be the framework for interpreting our fundamental law. It is the conscience of the Constitution."--Amazon's website.
Contents: Democracy and freedom -- The Civil War and the incomplete reconstruction -- In defense of substantive due process -- The critics of substantive due process -- Judicial "activism" and judicial abdication -- Conclusion.