How Should Judges Judge?

Active Liberty
Interpreting Our Democratic Constitution
Stephen Breyer
Alfred A. Knopf, $21, 176 pp.

Supreme Court Justice Stephen Breyer’s elegant little book has gotten a lot of press. The reason for the buzz is that the view of constitutional interpretation that he puts forth directly challenges the view of the Court’s most outspoken conservative, Justice Antonin Scalia. Scalia has long argued that his view of how the Constitution should be interpreted, which he calls “originalism,” is most consistent with a democratic system of government and best protects against...

The remainder of this article is only available to paid subscribers.

Print subscribers to Commonweal are entitled to free access to all premium online content. Click here to purchase a print subscription, or if you’re already a print subscriber, register now for premium access.

Online-only subscriptions provide access to all premium online articles for just $34/year or $2.95/month. Click here to subscribe.

Registered users, please log in below:

Or log in with...


About the Author

Bernard G. Prusak is associate professor of philosophy and director of the McGowan Center for Ethics and Social Responsibility at King's College in Wilkes-Barre, Pennsylvania.