Active Liberty

In: Historical Events

Submitted By wolforme10
Words 593
Pages 3
Mariah WolfeHist 410Active Liberty Paper5/1/12
The book Active Liberty by Stephen Breyer is a response to Antonin Scalia’s A Matter of Interpretation. Breyer takes a liberal stance on issues that Scalia addresses. Three points that I found interesting are the six elements Breyer uses in interpreting law and how he emphasizes them, the difference between modern liberty and active liberty, and how Breyer applies active liberty in different scenarios.
Early on in the book, Breyer says that there are six elements used when interpreting a law - language, history, tradition, precedent, purpose, and consequence. However, he goes on to say that although all judges uses these different elements, they emphasize them all differently. For example, one judge might put more emphasis on purpose and consequence, while another might concentrate more on tradition and language. This can affect whether or not a judge looks at a law with a loose or strict interpretation. One who uses the first combination might have a strict view of the law because he or she knows what will happen afterwards. Taking into account language and tradition, however, might allow one to have a broader view of the law because they are taking into account how the laws were used before and what exactly the law is saying.
Another point that Breyer touches on, which could also be considered the main argument in the book, is the difference between modern and active liberty. Modern liberty, also known as civil liberty, protects from government and allows the individual to make his or her own decisions without fear of government interaction. Active liberty gives citizens the chance to participate in government. The government is responsible for making sure that the country’s citizens’ needs are being met and that their liberties are not being infringed upon. Both types of liberties have their redeeming qualities,…...

Similar Documents

Active

...TASK Eduwin College is a successful private college in the outskirts of Lonport. You are required to create an Active Directory structure for the organization based upon a single domain. The organization has three sections each of which has of twelve computers which are Languages, Technology and Business. Each section should each be given their own organizational unit (OU) and the management of the OU in respect of resetting passwords and adding users should be delegated to the appropriate member of the staff who should also be able to read all the user details. This is Francoise Lebonne (Languages), Nick Neverhere (Technology), and Alison Primm (Business). There are six other members of staff with administrative access, Peter Smith-Hampstead who manages the organization, Caroline Cotswold who is the system administrator, Dorothy Liddleton a student records administrator, Donald Truss, a support officer and Brian Bennett a clerical assistant. You should create a Security Group for the students who will be using the classrooms and and a further Security Group for the three section managers. You will need to be able create a group policy object for each section to set the computer usage, wallpaper and software to be installed on the computers for each section. All users should have access to the V: drive which is used to store applications such as Adobe Acrobat reader. You are required to show evidence that you can make a sample course notes file read/write for the......

Words: 491 - Pages: 2

Civil Liberties

...  I chose the civil liberties because I think that it is important for someone to choose their own religion and beliefs without causing any trouble. Having the freedom to speak, choose your own religion and to vote for whomever you want to vote for is important to the American people. I chose the subcategory “The Free Exercise Clause”, because it upholds the rights of the American people to decide on any religious belief and to be able to exercise their beliefs without getting in trouble with the law. One example of a public policy that is designed to protect the civil liberty is the “moment of silence” in schools. The moment of silence is done in all the schools in the morning during the announcements and there is silence for 60 seconds with no sounds or interruptions. This gives everyone the opportunity to pray, meditate or even just sit and think without being disturbed. I support this policy because everyone has their own right to pray without disturbing the rights of others and those who don’t chose to pray also have the right to sit without disturbing the ones who are praying. The article that I chose to write about was originally written in the American School Board Journal paper and was written by Edwin Darden in 2008. The title of the article is “Is Silence in the Classroom Really Golden”? He explains that having silence in the classroom is great to have but are we having it in our classroom just for religious purposes? He asks if a mandatory “moment of silence”......

Words: 1046 - Pages: 5

Liberty Bell

...Sound of the Freedom- The Liberty Bell Figure 1 Liberty Bell Forever Stamp Figure 1 Liberty Bell Forever Stamp Meaning can be found even in the most mundane of objects. For instance, consider the USA First Class stamp. On its upper left corner, the number 2008 shows that this stamp was produced in year 2008. The right side of the stamp says “USA FIRST-CLASSS FOREVER”, meaning that this postage stamp is valid for First-Class postage in the United States no matter when it is used. There is an extraordinary metal bell is in the middle of the stamp – the Liberty Bell, a venerable historic relic that I am going to analyze in the rest of this research paper. The bell was first known by the world as a metal musical instrument in ancient China. Tuned bells in that age were created and played to be performed only for imperial families and noblemen, as a symbol of power and status. Later on, bells became widely used in different religions. For example, bells played an important role in the Eastern world of Buddhism and Hinduism as temple bells. In western world, bells were commonly used as church bells or town bells for gathering people together. In 1752, the Quaker William Penn, legislator and founder of the Pennsylvania colony in 1682, had decided and commissioned the bell to be cast in London, and brought to North America to hang in the State House of the colony of Pennsylvania. “They had ordered very......

Words: 2232 - Pages: 9

Civil Liberties

...Americans today enjoy many civil liberties regardless of race, sex, sexual orientation or ethnic background. The road to earning these civil liberties has been tainted with much pain, tears and suffering. It has not been easy for the different groups represented within the population of Americans to obtain and protect their rights. This essay will recount the bloody paths Americans of all colors had to follow in order to enjoy the civil liberties which so many take for granted today. The origins of civil liberties for the United States dates back to England. The United States has a clean start by including the Bill of Rights in the American Constitution. The Bill of rights at first were the symbolism of American ideals because there was no way of enforcing them until 1803 where in the case of Marbury v. Madison the Supreme Court took action in striking down laws for the first time that were considered unconstitutional. From that point on the Supreme Court established a precedent of wielding the power to strike down any unconstitutional legislation. Marbury v. Madison happened long before the Civil War and before any of the other cases mentioned. However its importance to civil liberties is essential to any civil liberty essays because it was the one case that allowed for the Supreme Court to take action and enforce the bill of rights along with any other law that is deemed unconstitutional. It was this case that brought about the exercise of judicial review in the United......

Words: 2983 - Pages: 12

Statue of Liberty

...The Statue of Liberty (Liberty Enlightening the World; French: La Liberté éclairant le monde) is a colossal neoclassical sculpture on Liberty Island in the middle of New York Harbor, in Manhattan, New York City. The statue, designed by Frédéric Auguste Bartholdi and dedicated on October 28, 1886, was a gift to the United States from the people of France. The statue is of a robed female figure representing Libertas, the Roman goddess of freedom, who bears a torch and a tabula ansata (a tablet evoking the law) upon which is inscribed the date of the American Declaration of Independence, July 4, 1776. A broken chain lies at her feet. The statue is an icon of freedom and of the United States: a welcoming signal to immigrants arriving from abroad. The statue is situated in Upper New York Bay on Liberty Island, south of Ellis Island. Both islands were ceded by New York to the federal government in 1800.[149] As agreed in an 1834 compact between New York and New Jersey that set the state border at the bay's midpoint, the original islands remain New York territory despite their location on the New Jersey side of the state line. Land created by reclamation at Ellis is New Jersey territory.[150] A universal symbol of freedom and democracy, the Statue of Liberty also celebrates the international friendship of the United States and France. It was given to us as a gift from France. Built to commerate an alliance during the American Revolution, the Statue was dedicated on October 28,......

Words: 509 - Pages: 3

Liberty Bell

...first time to learn about the famous liberty bell. Also, as the most significant symbol for the entire United States, this’s the place where I have always want to go. The liberty bell center is located on market street, it next to the independence hall. First, we entered into the red building-independence hall, there are some historical files in the exhibition room, as everybody known, the declaration of independence was signed in the independence hall, unfortunately, I haven’t seen the manuscript of declaration of independence in there. During this time, the tour guide told us a lot of histories and backgrounds. I have known that the red building was the state government of Pennsylvania a long time ago from what did he talk about. After that, we crossed the street and enter into the liberty bell center, the first thing I could see is a long aisle, it hung many pictures of famous people and historic pictures. finally, I saw the famous liberty bell what I had been expected. The Liberty Bell is displayed in a magnificent glass chamber with Independence Hall in the background, everyone stared at the amazing bell, just like met a hero. Suddenly, I saw the distinctive crack by chance, in my eyes, it represent the trace of long standing history. Even we can see the inscription “Proclaim liberty throughout all the Land unto all the Inhabitants thereof” on the top of bell. From my memory of junior school, I remembered that the inscription of liberty bell even was the question in......

Words: 426 - Pages: 2

Statue of Liberty

...Today I watch a movie called “statue of liberty”. It is a greatest movie I ever see because it is significant and symbolization. Out of all America’s symbols, none has proved more enduring or evocative than the statue of liberty. Statue of liberty, torch in right hand and clutching a stone tablet in the left hand, has for a century acted as a figurehead for the American dream. It reminds that U.S.A is a land of immigrants. Many people have different view of the word “liberty”. This word is come from French. It is also mean a lot to each American. It symbolizes U.S. is a freedom country. After building the base of statue, the fund is not enough to build the statue from bottom to top. The government is thinking about how to solve this problem. Suddenly, a news paper has post a article about donation to the statue of liberty. After that news paper come out, there are a huge number of people donate for the statue of liberty. This represent that people believe in the statue of liberty and they think the statue will bless them. Because the contribution is huge, the statue of liberty eventually finished to build. Many citizen are exciting about go up to the top of the statue and get a nice view from there. Then the government decides to open the statue of liberty as a landscaped area. There is long line every day since the statue of liberty is open for visit....

Words: 255 - Pages: 2

Body of Liberties

...The New York Charter of Liberties had numerous objectives. It laid out the political organization of the colony, set up the procedures for election into the assembly, created twelve counties, and guaranteed certain individual rights for free men. This Charter required that every election that took place be held every three years for the election of representatives for each of the colonies that were part of the assembly. The voting procedures were created by male property owners and the free men of New York City. The charter also relisted traditional English rights such as trial by jury and the security of property, as well as religious toleration for all protestants. Individualism is the moral stance, political philosophy, ideology, or social outlook that emphasizes the moral worth of the individual. This idea was very important and was the basis to the change that society was going through during this time. The Charter of Liberties and Privileges of 1683, Massachuset Body of Liberties of 1641, and the Independent Reflector of 1752 all shared a common characteristic. They established rules within the English colonies during the late 17th and early18th century. There was a lay out of political organization of the colonies, which set up the steps for groups of people to meet. Individual rights were being guaranteed to colonists that lived there, under the general court that legislated and dictated the authority of higher officials. Peoples rights were being protected under...

Words: 652 - Pages: 3

Statue of Liberty

...Amanda Lund Professor Leonard ENC 1101 4 February 2014 Mother of Exiles She is the most recognizable woman in the world, but what is the significance of the sexuality of the Statue of Liberty? Most people have little to no knowledge over why this monumental statue is a woman. It has been debated over the years about her true significance. Some believe it was just choice and that she’s just a 152 foot tall, green woman in a robe, with a torch in one hand, book in the other. The truth, the representation of the statue of liberty portrayed as a woman has everything to do with her sexuality, it was not just a coincidence. She was designed and sculpted by the French freeman, Auguste Bartholdi in 1878. It took him and his crew a long 9 years of building until it was finally completed in 1884. It was believed that he had a vision of a “magnificent” goddess with a torch in one hand welcoming visitors to the “land of freedom and opportunity” (Bond). Therefore, as you would guess, he constructed a goddess. Specifically, Libertas meaning “liberty” (“The Statue of Liberty and Statue”), derived from ancient Rome. Her role, to stand for freedom of slavery, oppression and tyranny. Surprisingly, her posture wasn’t based off of the goddess, but on what the Colossus was thought to look like before the earthquake destroyed it in the nineteenth century. Colossus was a statue in the city of Rhodes of a Greek titan Helios. A giant copper statue, standing straight up with head held......

Words: 499 - Pages: 2

Active Directory

...Active Directory Scenario: The small business that you created new domain controllers for now wants you to develop a backup and recovery plan for Active Directory. You also need to develop a monitoring scheme to ensure the new Active Directory environment remains available. Explain this backup and recovery plan along with the tools needed to monitor the active directory environment. Submission Requirements: Submit your response in a 1-2 page Microsoft Word document through the Questa Learning Plan. Evaluation Criteria: Your instructor will use the following points for evaluating your performance in this assessment: * Did you discuss a backup strategy or Active Directory? * Did you discuss a recovery plan for Active Directory? * Did you discuss a monitoring scheme for Active Directory? Windows Server Backup provides several Group Policy settings that give you some limited control over how backups work on your servers. With these backup policies, you can mitigate some of the risks associated with people performing unauthorized backups to obtain access to unauthorized data. The options include: Allow Only System Backup If this is set, Windows Server Backup can only back up critical system volumes. It cannot perform volume backups. Disallow Locally Attached Storage as Backup Target When enabled, this setting does not allow backups to locally attached drives. You can only back up to a network share. Disallow Network as Backup Target This setting does......

Words: 297 - Pages: 2

On Liberty

...On John Stuart Mill’s production On Liberty has not only became one of the most widely known political and philosophical writing, but also produces one of the fundamental political questions on finding the balance in between liberty, democracy and authority. Although Mill’s writing was deeply influenced by Bentham’s Utilitarianism philosophy, Mill’s theory in On Liberty emphasized more around the value of individuality, equality and liberty (Donner, 1991; Skorupski, 1998). All three elements focused on by Mill, are closely connected in democratic society, Mill’s major fear was the emergence of dictatorship based on majoritarian and conformist behavior within a society (Skorupski, 2006). This essay will focus on examining Mill’s liberal ideas within On Liberty, his concept on the limitation of government’s authority, and will also suggest possible conditions where Mill’s ideas may apply in modern society. Liberty and authority are two factors that are constantly conflict. Liberty could not only mean the working of self-government and individuality, but also mean the right of freedom. Similarly, if a democratic society is lack of individuality; it could means the lack of freedom as well as the lack of what makes human. On the contrary, Skorupski (2006: p40) pointed out: “liberty meant ‘protection against the tyranny of political rulers’.” Indeed, limiting state’s authority could means preserving individuals’ rights, yet, at the same time society must give government enough......

Words: 1334 - Pages: 6

Liberty Mutual

...Gaines Liberty Mutual Insurance MGT 513-Advanced Economics Indiana Wesleyan University March 29, 2011 Liberty Mutual Holding Company, Inc, is a US-based property casualty insurance company provider. It operates as the parent company of Liberty Mutual Group and its entities. Liberty Mutual offers a broad range of insurance products and services including personal automobile, homeowners, individual and group life, workers compensation, multi-peril commercial, group disability, fire, and surety. Less than ten years ago, the Liberty Mutual Group, was best known as a workers compensation carrier that used multi channels to distribute its products. The Liberty Mutual of today enjoys a well-earned reputation for engineering disciplined yet dramatic changes in its structure and operations to create an energetic, efficient, and unmistakably agent-centric organization. In October 2008, Liberty Mutual completed its largest acquisition to date by acquiring Safeco Insurance Company. Safeco Insurance Company, was a solid independent company that focused on selling its product through independent agents and based out of Seattle, WA. With the acquisition, Liberty Mutual has now the fifth largest property & casualty insurance company in the United States and employs over 45,000 employees. An insurance company is only as good as its claims service backs it. Specifically with personal policy holders, when an accidents happen,......

Words: 718 - Pages: 3

Liberty

...names. All 56 men who ultimately signed the Declaration showed great courage. Announcing independence from Great Britain was an act of treason, punishable by death. A Marvelous Document The Declaration of Independence itself has become one of the most admired and copied political documents of all time. It was written by Thomas Jefferson and revised by John Adams, Benjamin Franklin, and Jefferson. The Declaration of Independence is a justification of the American Revolution, citing grievances against King George III. It is also a landmark philosophical statement, drawing on the writings of philosophers John Locke andJean Jacques Rousseau. It affirms that since all people are creatures of God, or nature, they have certain natural rights, or liberties, that cannot be violated. The Declaration and the American Revolution have since inspired freedom-seekers the around the world. The History of the 4th of July On July 4, 1776, the thirteen colonies claimed their independence from England, an event which eventually led to the formation of the United States. Each year on July 4th, also known as Independence Day, Americans celebrate this historic event. Conflict between the colonies and England was already a year old when the colonies convened a Continental Congress in Philadelphia in the summer of 1776. In a June 7 session in the Pennsylvania State House (later Independence Hall), Richard Henry Lee of Virginia presented a resolution with the famous words: "Resolved: That these......

Words: 16917 - Pages: 68

Liberty

...I define liberty as the condition of being free inside of society from abusive limitations forced by power on restricted of life, conduct, or political perspectives. Liberty is the chance to settle on a decision to expect obligation and acknowledge the results." Liberty is a God-given thought set inside of the heart of all people groups. As the general population in this Nation has looked to common government as their source, we have lost a considerable lot of our fundamental Liberties. Liberty involves obligation. You can't be subject to another person and free in the meantime. In the event that you need to pick the eatery for supper, simply say you are purchasing and everybody will be cheerful to eat where you are paying. An example of liberty is doing what you want, saying what you want, and go anywhere you want without someone telling you otherwise. If you don’t have liberty it’s either because of a law or because of slavery. Slavery hasn’t been around in decades but they are still people who do it. Slavery was one of the biggest issues that resulted in people either not having a liberty or wanting to have liberty but can’t because of slavery. Liberty matters because once upon a time, many people didn’t have liberty. Citizens have certain rights because they have liberty. Without liberty most people wouldn’t be living the lives they are living now. For example if someone was to get arrested, the police is always supposed to read the suspect their Miranda rights or the......

Words: 357 - Pages: 2

Liberty

...Liberty Democracy in America is a book that was published in two volumes by the French aristocrat Alexis de Tocqueville. The book is a summarization of Tocqueville’s tour of America in the early 1830’s. He observed the process of democracy in America, race relations, and the notion of equality, which was not bound by class as it was in aristocratic Europe. The chapter of Democracy in America that will be analyzed in this paper is titled, “Situation of the Black Race in the United States, Dangers Entailed for the Whites by Its Presence”. Slavery and American racial mores circa 1830 will be addressed as we continue. At this time, the presence of blacks is the greatest dangers threatening America. African slaves were imported to many colonies and nations other than those in North America, but none of these other slave-importing countries achieved anywhere near the economic growth seen in the United States. Bacon's Rebellion was an event that redefined the notion of race in the United States. Africans were in America long before Bacon’s Rebellion. The Great Migration was a period that the colonies were in desperate need of laborers. Blacks, along with whites, worked as indentured servants. There were black indentured servants that owned land, some even owning slaves themselves. After Bacon’s Rebellion, there was a gradual change in the status of African Americans from indentured servants to slaves. Post Bacon’s Rebellion, there was a great demand for labor and......

Words: 935 - Pages: 4