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Stephen Breyer - Activist Judges and Judicial Restraint

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Uploaded by on Oct 9, 2007

Complete video at: http://fora.tv/2007/07/07/Justice_Stephen_Breyer_Democracy_and_the_Court

Supreme Court Justice Stephen G. Breyer discusses his views on the terms "judicial activism" and "judicial restraint."

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"Democracy and the Court" with Justice Stephen Breyer in conversation with Jeffrey Rosen at the 2007 Aspen Ideas Festival.

Some of the most inspired and provocative thinkers, writers, artists, business people, teachers and other leaders drawn from myriad fields and from across the country and around the world all gathered in a single place - to teach, speak, lead, question, and answer at the 2006 Aspen Ideas Festival. Throughout the week, they all interacted with an audience of thoughtful people who stepped back from their day-to-day routines to delve deeply into a world of ideas, thought, and discussion.

Stephen G. Breyer, Associate Justice, was born in San Francisco, California, August 15, 1938.

He received an A.B. from Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from Harvard Law School. He served as a law clerk to Justice Arthur Goldberg of the Supreme Court of the United States during the 1964 Term, as a Special Assistant to the Assistant U.S. Attorney General for Antitrust, 1965-1967, as an Assistant Special Prosecutor of the Watergate Special Prosecution Force, 1973, as Special Counsel of the U.S. Senate Judiciary Committee, 1974-1975, and as Chief Counsel of the committee, 1979-1980.

He was an Assistant Professor, Professor of Law, and Lecturer at Harvard Law School, 1967-1994, a Professor at the Harvard University Kennedy School of Government, 1977-1980, and a Visiting Professor at the College of Law, Sydney, Australia and at the University of Rome.

From 1980-1990, he served as a Judge of the United States Court of Appeals for the First Circuit, and as its Chief Judge, 1990-1994. He also served as a member of the Judicial Conference of the United States, 1990-1994, and of the United States Sentencing Commission, 1985-1989.

President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994.

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  • When the bill of rights was being created Thomas Jefferson was hesitant about creating a document that would bind future generations to his generation's views on morality and values. Also, they're called "Amendments" for a reason. We're supposed to ammend them when they don't work anymore!!!! Besides, if we interpeted the Constitution as the founding fathers did we'd still have slavery in this country. Think for yourself!!!!

  • Justice Breyers is one of the reasons that I am so happy that President Clinton was elected.

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  • I might also also add that Wiki as well as other historians, for whatever reasons, seem rather loathe to probe the background of Alexander Hamilton's mother. Wiki simply states she was born on Nevis, which is peculiarly succinct coming from a source known for its information. Professor Ron Chernow did not help historical matters relevant to Hamilton's mother in his otherwise masterfully work, "Alexander Hamilton." It's rather painful when historians "omit" to chronicle history.

  • It's rather sad to read that the justice run afoul of such an hostile episode on an island said to be highly well educated. Moreover, the island is a repository of interesting history relevant to the US. For example, Alexander Hamilton, one of the Founding Fathers, was born there. But for his early demise in a now immortal (irony mine) duel with Aaron Burr, Hamilton's influence on the future political trajectory of US history might well have exceeded that of Thomas Jefferson himself.

  • Justice Breyer, you are my new hero!

  • If Ya Dont Rule Acording To Law...The Constitution...You are a treasonous tyrant...The People Will Have Thier Day!!!

  • Thank you for posting this, ForaTv.

  • We can never find justice at the hands of corrupt judges. (See YouTube videos) Judge to Judge on Illegal Payments to Judges / Evil Triangle of Court Corruption / Richard Fine / Dr Shirley Moore slush funds /SBX 211. To end this title wave of corruption in our country must start with the corrupt judges. We can not bring evidence of corruption to corrupt judges. Los Angeles Superior Court judges are illegally and unconstitutionally taking 50,000.00 each for a total of 23 million per year.

  • Rules known in advanced and applied as written is a major restriction to those like justice breyer who want surrogate decision-making by empowered elites

  • @UdallIn72 They're vague on purpose to allow for broad definitions of freedom.

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