The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty

Overview

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 new 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 ...
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The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty

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Overview

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 new 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.
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Product Details

  • ISBN-13: 9781939709035
  • Publisher: Cato Institute
  • Publication date: 1/7/2014
  • Pages: 200
  • Sales rank: 240,958
  • Product dimensions: 6.00 (w) x 9.10 (h) x 1.00 (d)

Meet the Author

Timothy
Sandefur is an adjunct scholar at the Cato Institute, an attorney at the
Pacific Legal Foundation, and the author of The
Right To Earn a Living: Economic Freedom and the Law and Cornerstone of Liberty: Property
Rights in 21st Century America.
He lives near Sacramento, California.
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Table of Contents

Contents
Acknowledgements
Introduction
1. Democracy And
Freedom
2. The Civil War And
The Incomplete Reconstruction
3. Substantive Due
Process
4. The Attack on
Substantive Due Process
5. Judicial Activism
6. Conclusion

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