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The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty, by Timothy Sandefur
PDF Ebook The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty, by Timothy Sandefur
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Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual rights. Now, more than ever, the Declaration of Independence should be the framework for interpreting our fundamental law. It is the conscience of the Constitution.
- Sales Rank: #29556 in Audible
- Published on: 2015-01-28
- Format: Unabridged
- Original language: English
- Running time: 435 minutes
Most helpful customer reviews
60 of 60 people found the following review helpful.
Securing Liberty – The Declaration of Independence and the Constitution
By Mike Mertens
In this important and thought provoking book, Tim Sandefur does a very good job in demonstrating the importance of the Declaration of Independence in setting the philosophical context for the Constitution. This context is critical for securing “the blessings of liberty.” He sees the Declaration of Independence as the “regime philosophy” of the nation and notes that:
“The Declaration helps make constitutional priorities clear – that rights come first and government power only second – and thus it anchors our legal and political system on a firm philosophical ground.”
The book starts by discussing the difference between having freedom or democracy as the primary focal point. Freedom depends on the “presumption of liberty” found in the Declaration and he contrasts this with the views of Oliver Wendell Holmes, Robert Bork, Cass Sunstein and others. He makes it clear why the foundation matters and there are examples used throughout the book that illustrate the results of these differences.
After setting the philosophical context, he does a good job discussing the Civil War and the 14th Amendment. This section is well done in terms of the fight against slavery, the ideas of the abolitionists, the Dred Scott case, the 14th Amendment and some very interesting discussions on citizenship (state versus national), states rights and the unfortunate decision in the “Slaughter-House” cases.
The next 2 chapters defend Substantive Due Process. Sandefur notes that the due process of law started with the Magna Carta and covers a quick history of this idea (and emphasizes the importance of the “of law” part of the phrase). He then discusses the purpose of law as well as key elements in the rule of law. He uses Lawrence vs. Texas in this context and notes that this case “illustrates the continuing split between those who prioritize liberty and those who prioritize democracy in constitutional interpretation.” He closes this section by discussing the critics of substantive due process and shows how their arguments come up short.
The final chapter deals with Judicial Activism and Judicial Abdication and makes some very good observations that the bigger problem may be Judicial Abdication. While he sees no easy answers in this area, there are a lot of important ideas covered and that I need to think through more thoroughly.
I highly recommend this book. The author succeeds in demonstrating the importance of philosophic ideas in the defense of liberty. He rightly refers to the Declaration of Independence as the “conscience of the constitution.” In the conclusion, he quotes Frederick Douglass on what conscience is and I repeat that quote here:
“Conscience is, to the individual soul, and to society, what the law of gravitation is to the universe. It holds society together; it is the basis of all trust and confidence; it is the pillar of all moral rectitude. Without it, suspicion would take the place of trust; vice would be more than a match for virtue; men would prey upon each other, like the wild beasts of the desert; and earth would become a hell.”
24 of 26 people found the following review helpful.
Enlightening idea, this will change your viewpoint
By Juliesa
This book is an systematic review of the Declaration of Independence as one of the founding documents of our country. We tend to view the Declaration as an explanation for the Revolution, and revere it as such. The author carefully explains that it deserves it's place along with the Constitution and the Bill of Rights, and doing so will enhance our understanding of the Founders vision of freedom. I, and I'm sure, many others, have never considered this. I think this book should be required reading for all government officials.
Sandefur is a well-known champion of freedom who has written two other books, Property Rights in 21st Century America, and The Right to Earn a Living.
19 of 20 people found the following review helpful.
Should the majority rule? What is judicial activism?
By Scott Ott
Can the U.S. Constitution be understood independent of the principles enunciated in the Declaration of Independence?
Does the Constitution exist to protect democracy, or do democratic elements of the republic exist to protect individual liberty?
Is it possible that critics of "judicial activism" on the Right and Left have mistaken their preferences for Constitutionality?
Should judges defer to legislatures because the latter are "of the people", and legislative mistakes are easier to clean up than judicial precedents?
Timothy Sandefur grapples with these and related questions in a book that sets the Constitution in the context of the Declaration, and maintains that the former cannot be properly understood or applied without the principles of individual liberty espoused in the latter.
'Progressives', on the Right and Left, have convinced several generations of Americans that the Constitution favors majoritarianism over individual rights, democracy over liberty. Sandefur, however, says that legislatures incline toward tyranny as easily as monarchs, and that courts see their role properly when they restrain lawmakers within the bounds of the Constitution as seen through the lens of the Declaration.
'The Conscience of the Constitution' makes a compelling, thoughtful case, in accessible and vigorous prose, that we need to return to a jurisprudence, as well as a framework for lawmaking and implementation that couples these two founding documents.
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