"Now the nation no longer lacks what it has long needed, a slender book that lucidly explains the intensity of conservatism's disagreements with progressivism."--George Will, The Washington Post Is liberty or democracy the primary constitutional value? At a time when Americans are increasingly facing violations of their civil liberties, Timothy Sandefur's insightful book explains why the Declaration of Independence, with its doctrines on the primacy of liberty, the natural rights of man, and the limits on legitimate government, should serve as the guidepost for understanding the Constitution. The author takes the reader through the ideas of substantive due process and judicial activism and defends them from mainstream criticisms while drawing on examples from literature, television, and Supreme Court cases. The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty argues that modern legal doctrines, which value democracy over liberty, are endangering individual rights and corrupting our civic institutions.
FORMAT Paperback LANGUAGE English CONDITION Brand NewTimothy Sandefur is a staff attorney at the Pacific Legal Foundation and lives in Rescue, California.
AcknowledgmentsIntroduction 1. Democracy and Freedom 2. The Civil War and the Incomplete Reconstruction 3. In Defense of Substantive Due Process4. The Critics of Substantive Due Process 5. Judicial "Activism" and Judicial Abdication 6. Conclusion Notes Index
"'The Conscience of the Constitution' posits a role for the Fourteenth Amendment in protecting natural rights from abuse at both the federal and state level. It is a great defense of individual liberty."--Sen. Rand Paul
"Now the nation no longer lacks what it has long needed, a slender book that lucidly explains the intensity of conservatism's disagreements with progressivism. For the many Americans who are puzzled and dismayed by the heatedness of political argument today, the message of Timothy Sandefur's 'The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty' is this: The temperature of today's politics is commensurate to the stakes of today's argument."--George F. Will, Washington Post "The Washington Post"
"Expertly combining law, history, and political philosophy, Timothy Sandefur offers both a powerful defense of the Constitution and a winning case for why the Supreme Court is duty-bound to protect a wide range of individual rights from the grasp of overreaching majorities."--Damon Root "Reason Magazine"
"This is an excellent book. I was just going to write it myself.... This book should be in everyone's library."--Hadley Arkes, Amherst College
Now the nation no longer lacks what it has long needed, a slender book that lucidly explains the intensity of conservatism's disagreements with progressivism. For the many Americans who are puzzled and dismayed by the heatedness of political argument today, the message of Timothy Sandefur's The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty is this: The temperature of today's politics is commensurate to the stakes of today's argument. -- George Will, The Washington Post Now in paperback, this 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 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.
"Now the nation no longer lacks what it has long needed, a slender book that lucidly explains the intensity of conservatism's disagreements with progressivism. For the many Americans who are puzzled and dismayed by the heatedness of political argument today, the message of Timothy Sandefur's 'The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty' is this: The temperature of today's politics is commensurate to the stakes of today's argument."
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