Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Crackingham

If Breyer leashed his active liberty penchant to political process issues (making the political playing field more level, because the political process itself is not easily capable of doing that by definition (see Baker v Carr)), and explained why that was, vis a vis more substantive issues, I would be a happier camper. He does not. The Breyer hunting license has no seasonal or bag number restrictions.


37 posted on 10/23/2005 5:47:37 PM PDT by Torie
[ Post Reply | Private Reply | To 1 | View Replies ]


So Breyer is a majoritarian—sometimes. “What is mysterious and really unexplained is what is the relationship between his embrace of democracy in his book and the vigorous enforcement, in which Justice Breyer has sometimes enthusiastically participated, of individual rights against majority decisions,” says Charles Fried, a professor at Harvard Law School and a friend of Breyer’s, who was a former Solicitor General in the Reagan Administration and frequently disagrees with his decisions. “It’s not helpful to say that the dominant interpretive principle is to reinforce majority rule when a number of the most controversial constitutional doctrines, like abortion, are exactly designed to limit and counteract majority rule.”

Indeed. Breyer has some self restraint, but only on those matters which don't animinate his inner most juices. He has some self restraint, but not enough.

39 posted on 10/23/2005 6:17:59 PM PDT by Torie
[ Post Reply | Private Reply | To 37 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson