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Review of "Active Liberty."
The Volokh Conspiracy links to a pdf of Judge Michael McConnell's book review of Justice Breyer's book "Active Liberty." ("Active" liberty is more like non-liberty, Justice Breyer uses it to describe the liberty of the majority to pass laws. A little touch of 1984 here).
I only had time to skim, but it's powerful criticism. I esp. liked the note at the end that Breyer asks that judges pay less attention to constitutional text and history, and more to carrying out the will of the people... but constitutional text and history themselves reflect the will of the people.
Comments
I'm curious: Is there a procedure for impeaching a sitting Supreme Court Justice for violation of his oath?
Posted by: Kevin Baker at December 24, 2006 08:58 AM
The Constitution allows for impeachment of any federal official, including judges. No Supreme Court Justice has ever been impeached, though several U.S. District Court judges have, with varying results.
The Constitution allows impeachment only for "Treason, Bribery, or other high Crimes and Misdemeanors."
Posted by: King of the Cows at December 26, 2006 07:36 AM