Mr. Breyer's 'Modesty'

Supreme Court Justice Stephen Breyer's new book is more interesting than its author probably intended. "Active Liberty: Interpreting Our Democratic Constitution" demonstrates how a posture of judicial "modesty"--Breyer's word--can empower a judge to wield immodest power in cutting down constitutional impediments to a--his--political agenda.Breyer begins by asserting a distinction between what he considers two kinds of liberty--"modern liberty," meaning freedom from government coercion, and ...
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