Active Liberty
Interpreting Our Democratic Constitution
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Narrated by:
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Stephen Breyer
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By:
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Stephen Breyer
About this listen
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Critic reviews
"Breyer's prose is admirably simple and clear, and his discussion shows a keen legal intellect that espouses broad values rather than narrow theories, and a deep, humane concern with fostering democracy and the well-being of the citizenry. This will be essential reading at a possibly watershed moment for the Supreme Court." (Publishers Weekly)
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Nice review overall.
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For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.
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Performance
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The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule
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Read the book, don't listen
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The Supremes' Greatest Hits, 2nd Revised & Updated Edition
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The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.
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Nice review overall.
- By "freeindeed4ever" on 02-10-20
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We the People
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From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.
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Hypocritical evaluation of the constitution
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The Majesty of the Law
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In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.
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A must read for understanding the 1st Amendment!
- By Kimberly Finnegan on 12-27-18
By: Erwin Chemerinsky, and others
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The Bill of Rights Primer
- A Citizen's Guidebook to the American Bill of Rights
- By: Akhil Reed Amar, Les Adams
- Narrated by: Tim Lundeen
- Length: 8 hrs and 5 mins
- Unabridged
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Many Americans reference the Bill of Rights, a document that represents many of the freedoms that define the United States. Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this succinct volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding.The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this audiobook is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so.
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At this length, basic; but at that, great
- By Philo on 06-10-15
By: Akhil Reed Amar, and others
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HATE
- Why We Should Resist It with Free Speech, Not Censorship
- By: Nadine Strossen
- Narrated by: Nadine Strossen, Angelo Di Loreto
- Length: 8 hrs and 17 mins
- Unabridged
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HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech", showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" - which has no generally accepted definition - is either absolutely unprotected or absolutely protected from censorship. Rather, US law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm.
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Important Message But Repetitive Execution
- By ReaderTeacher on 08-19-18
By: Nadine Strossen
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How Alexander Hamilton Screwed Up America
- By: Brion McClanahan
- Narrated by: Thomas Rosenfeld
- Length: 7 hrs and 39 mins
- Unabridged
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He is the star of a hit Broadway musical, the face on the 10-dollar bill, and a central figure among the founding fathers. But do you really know Alexander Hamilton? Rather than lionize Hamilton, Americans should carefully consider his most significant and ultimately detrimental contribution to modern society: the shredding of the United States Constitution. Connecting the dots between Hamilton's invention of implied powers in 1791 to transgender bathrooms and same-sex marriage today, Brion McClanahan shows the origins of our modern federal leviathan.
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Thank You Audible
- By No to Statism on 10-03-18
By: Brion McClanahan
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How Rights Went Wrong
- Why Our Obsession with Rights Is Tearing America Apart
- By: Jamal Greene
- Narrated by: Ryan Vincent Anderson
- Length: 11 hrs and 7 mins
- Unabridged
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Rights are a sacred part of American identity. Yet they were an afterthought for the Framers. Only as a result of the racial strife that exploded during the Civil War—and a series of resulting missteps by the Supreme Court—did rights gain such outsized power. Over and again, courts have treated rights conflicts as zero-sum games in which awarding rights to one side means denying rights to others. As eminent legal scholar Jamal Greene shows in How Rights Went Wrong, we need to recouple rights with justice—before they tear society apart.
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A different way to look at rights.
- By Nicolas Pabon on 07-11-23
By: Jamal Greene
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To End a Presidency
- By: Laurence Tribe, Joshua Matz
- Narrated by: L. J. Ganser, Laurence Tribe - preface
- Length: 10 hrs and 15 mins
- Unabridged
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The history and future of our democracy's ultimate sanction, presidential impeachment, and a guide to how it should be used now. To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the 21st century.
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A Primer on Impeachment and our Present Dilemma
- By J.B. on 05-20-18
By: Laurence Tribe, and others
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The Rule of Nobody
- Saving America from Dead Laws and Senseless Bureaucracy
- By: Philip K. Howard
- Narrated by: Allen O'Reilly
- Length: 5 hrs and 47 mins
- Unabridged
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The secret to good government is a question no one in Washington is asking: “What’s the right thing to do?” What’s wrong in Washington is deeper than you think. Sure, there’s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship.
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Preachy, redundant, and unpersuasive
- By Jake on 02-05-15
By: Philip K. Howard
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Enlightened Democracy
- The Case for the Electoral College, 2nd Edition
- By: Tara Ross
- Narrated by: Tara Ross
- Length: 7 hrs and 32 mins
- Unabridged
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Enlightened Democracy traces the history of the Electoral College from the Constitutional Convention to the present. The Electoral College protects our republic and promotes our liberty. Americans should defend their unique presidential election system at all costs.
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Hold your breath
- By Ein on 03-13-20
By: Tara Ross
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Very Annoying Narration
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Deeper and denser but understandable
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The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule
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Read the book, don't listen
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The Original Meaning of the Fourteenth Amendment
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Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.
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The Constitution
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The Constitution-A must reading for All Americans
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Reading the Constitution
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Very Annoying Narration
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A Matter of Interpretation
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Deeper and denser but understandable
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Timely
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Read the book, don't listen
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The Original Meaning of the Fourteenth Amendment
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From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.
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The Constitution-A must reading for All Americans
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The Authority of the Court and the Peril of Politics
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A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes” - their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.
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Excellent overview of Suo. Ct. Purpose, position and how it actually works
- By Georgia on 09-19-21
By: Stephen Breyer
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The Supremes' Greatest Hits, 2nd Revised & Updated Edition
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The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.
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Nice review overall.
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Worse than Nothing
- The Dangerous Fallacy of Originalism
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Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.
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Impeccably Logical, Backed by 100 Specific Example
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U.S. Constitution for Dummies
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Want to make sense of the US Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents - and sparked ongoing debates along the way. You'll get the lowdown on all the big issues - from separation of church and state to impeachment to civil rights - that continue to affect Americans' daily lives. Plus, you'll find out about the different approaches to interpretation and how the document has changed over the past 200+ years.
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Much better than I anticipated.
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The Radicalism of the American Revolution
- By: Gordon S. Wood
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- Unabridged
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Grand in scope, rigorous in its arguments, and elegantly synthesizing 30 years of scholarship, Gordon S. Wood's Pulitzer Prize–winning book analyzes the social, political, and economic consequences of 1776. In The Radicalism of the American Revolution, Wood depicts not just a break with England, but the rejection of an entire way of life: of a society with feudal dependencies, a politics of patronage, and a world view in which people were divided between the nobility and "the Herd."
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Changed the Way I Think
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By: Gordon S. Wood
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The Cause
- The American Revolution and Its Discontents, 1773-1783
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George Washington claimed that anyone who attempted to provide an accurate account of the war for independence would be accused of writing fiction. At the time, no one called it the “American Revolution”: Former colonists still regarded themselves as Virginians or Pennsylvanians, not Americans, while John Adams insisted that the British were the real revolutionaries, for attempting to impose radical change without their colonists’ consent. With The Cause, Ellis takes a fresh look at the events between 1773 and 1783.
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Modest history primer, wished for more substance
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By: Joseph J. Ellis
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The Supreme Court
- By: William H. Rehnquist
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Chief Justice Rehnquist's engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall's dominance of the Court during the early 19th century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society.
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Absorbing
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Power and Liberty
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The half century extending from the imperial crisis between Britain and its colonies in the 1760s to the early decades of the new republic of the United States was the greatest and most creative era of constitutionalism in American history, and perhaps in the world. During these decades, Americans explored and debated all aspects of politics and constitutionalism - the nature of power, liberty, representation, rights, the division of authority between different spheres of government, sovereignty, judicial authority, and written constitutions.
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Provides Context for Todays Mess
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A People's History of the Supreme Court
- The Men and Women Whose Cases and Decisions Have Shaped Our Constitution
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A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.
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Really enjoyed this book
- By Paul on 02-19-20
By: Peter Irons, and others
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The Supreme Court
- The Personalities and Rivalries That Defined America
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A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives. The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.
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Overruled!
- By Stephen McLeod on 08-23-08
By: Jeffrey Rosen
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The Second Amendment
- A Biography
- By: Michael Waldman
- Narrated by: John Glouchevitch
- Length: 7 hrs and 12 mins
- Unabridged
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The life story of the most controversial, volatile, misunderstood provision of the Bill of Rights. At a time of increasing gun violence in America, Waldman's book provoked a wide range of discussion. This book looks at history to provide some surprising, illuminating answers. The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men - who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present.
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were not paying attention, just passed it
- By Donald LaFave on 02-27-21
By: Michael Waldman
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The Politically Incorrect Guide to the Constitution
- By: Kevin R.C. Gutzman
- Narrated by: Tom Weiner
- Length: 6 hrs and 34 mins
- Unabridged
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Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.
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The best PIG to date
- By Matthew Groom on 05-16-08
What listeners say about Active Liberty
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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Overall
- Maki
- 09-04-07
Engaging, If Somewhat Dense
Maybe if you're a constituional scholar or lawyer, this stuff is easy to follow, but for a lay person, it wasn't quite as easy to digest. Still, I very much looked forward to hearing this book read by Justice Breyer himself, and I found his philosophies and justifications quite sound and very convincing. I will probably have to re-read this book several times to get every aspect of it, but I found the exercise very challenging and worthwhile.
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- David S. Mathew
- 09-17-18
Propose, not Prose
This is an examination of Justice Steven Breyer’s theory of Constitutional interpretation. In short, Breyer stresses the importance of legal analysis focusing on the drafter’s intent and practical goals, rather than an overemphasis on the plain text alone. He does this bearing in mind the importance of “active liberty,” an ancient concept meant to encourage civic participation by the public at large.
A word of warning: This is book was written for an audience already comfortable with more advanced aspects of legal theory, not the general public. Because of that, I would certainly recommend it for attorneys or for someone interested in advanced Constitutional Law. If that sounds like you, there is a wealth of knowledge contained in here. Go for it!
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Overall
- Maggie
- 12-24-10
excellent and worth the time
since i have no legal training, i too found breyer's ideas densely presented but still could detect the value of this audio, which is like having a very smart legal scholar spend time telling me what he thinks. with several listens, i will know far more than i did before and have spent my time well. i greatly appreciate breyer's efforts of forming up his thoughts and then presenting them in his own voice. his ideas help me to re-invest in hope that "truth will out" ... an excellent antidote to the "nattering nabobs of negativism" that stream from today's media.
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- Joe
- 11-14-21
Master's Class on the Constitution Applied
Left, right, or center, this is like an afternoon's master's class on the Constitution and its application, and presented the way a good professor does -- he doesn't pretend he doesn't have his own views, bit he presents all the main approaches, various considerations and emphases, and a look into the mechanics of the court. You're not recruited, but informed. Time well spent.
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