HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

Should the Supreme Court Allow Us to "Go to Hell"?

Views:709
@ReasonVids

“If my fellow citizens want to go to Hell, I will help them," Justice Oliver Wendel Holmes Jr. famously wrote. Added Holmes, "It’s my job.”

During his talk at Reason Weekend in Santa Barbara, Damon Root, senior editor of Reason magazine and author of "Overruled: The Long War for Control of the U.S. Supreme Court", contrasts Justice Holmes' influential legal philosophy with a new wave of contemporary libertarian jurisprudence.

Justice Holmes' persuasive case for judicial restraint is being carried into the 21st century by Chief Justice John Roberts. This view sees the Court tending to defer to the moral authority of democratic majorities and their elected representatives. For example, Obamacare survived a Constitutional challenge in National Federation of Independent Business v. Sebelius precisely because of Roberts' willingness to yield to the will of legislatures. "It is not our job to protect the people from the consequences of their political choices," he wrote in his majority opinion.

While Roberts makes the case for judicial deference, libertarian jurists advocate defiance. In this view, attorneys like Alan Gura and Randy Barnett argue that the Constitution should prevail over the majority vote. The court's job is to protect people from the consequences of their own choices, if those choices violate the Constitution.

At Reason Weekend, Reason Foundation's annual donor event, Damon Root discussed how these conflicting judicial philosophies have played out in a variety of historically important cases. From Kelo v. City of New London to District of Columbia v. Heller, those who take the deferential side view libertarian legal theory as undemocratic. While libertarians often regard judicial deference as unconstitutional.

It's a debate that's nearly as old as the Constitution itself.

Runs about 17 minutes.

Produced by Todd Krainin. Cameras by Zach Weissmueller and Alex Manning.

Go to http://reason.com/reasontv/2015/04/23/liberty-vs-democracy-at-the-supreme-cour for downloadable versions and subscribe to ReasonTV's YouTube Channel to receive notifications when new material goes live.

libertarianism (political ideology)
,
reason (magazine)
,
antonin scalia (judge)
,
clarence thomas (judge)
,
anthony kennedy
,
supreme court of the united states (court)
    Thumbnail for Is Free Speech Under Attack in America?30:20
    Is Free Speech Under Attack in America?
    ReasonVids
    942 views
    Thumbnail for MCCAIN'S BIG CASH PRIZE2:06
    MCCAIN'S BIG CASH PRIZE
    ReasonVids
    784 views
    Thumbnail for Want to Buy Stock in Your Corner Bistro? The Gov't Opens Venture Capital Markets to the Masses3:23
    Want to Buy Stock in Your Corner Bistro? The Gov't Opens Venture Capital Markets to the Masses
    ReasonVids
    951 views
    Thumbnail for What the Founders Really Thought About Race9:04
    What the Founders Really Thought About Race
    AmericanRenaissance
    1779 views
    Thumbnail for WAKE UP WHITE PEOPLE!2:41
    WAKE UP WHITE PEOPLE!
    bestofupgoat
    88 views
    Thumbnail for Jewopoly (fun vid about jews good for normies)16:25
    Jewopoly (fun vid about jews good for normies)
    bestofupgoat
    146 views
    Thumbnail for Nick Fuentes Reacts to "The Hate Nerd"2:49:23
    Nick Fuentes Reacts to "The Hate Nerd"
    ABlackpilledDissident
    1517 views
    Thumbnail for Helvegen (Skaldic Version) | Wardruna - Topic4:37
    Helvegen (Skaldic Version) | Wardruna - Topic
    invidious
    138 views
    Thumbnail for Go Away!0:13
    Go Away!
    bestofupgoat
    340 views
    Thumbnail for High School Journalism Teacher Suspended After Standing Up for Student Reporters' Free Speech Rights7:05
    High School Journalism Teacher Suspended After Standing Up for Student Reporters' Free Speech Rights
    ReasonVids
    960 views
    Thumbnail for The Psychological Experiment Was A Success!!!1:36
    The Psychological Experiment Was A Success!!!
    bestofpoal
    1152 views
    Thumbnail for Digitized opening to The Fox and The Hound (USA VHS)4:31
    Digitized opening to The Fox and The Hound (USA VHS)
    waltdisneyhomevideo
    337 views
    Thumbnail for Treat Pot Better Than We Did Booze! 3 Ways to Not Screw Up Marijuana Legalization1:04
    Treat Pot Better Than We Did Booze! 3 Ways to Not Screw Up Marijuana Legalization
    ReasonVids
    874 views
    Thumbnail for Sam Hyde missed his calling, should be a detective1:06
    Sam Hyde missed his calling, should be a detective
    bestofhtlunited
    1532 views
    Thumbnail for Designing my Dream Tool || Reverse Lathe | USSA: Woodworking+3D Printing18:32
    Designing my Dream Tool || Reverse Lathe | USSA: Woodworking+3D Printing
    invidious
    491 views
    Thumbnail for Girl shooting competition 0:22
    Girl shooting competition
    AOUisgay
    282 views
    Thumbnail for Freedomworks' Matt Kibbe on the Hostile Takeover of The GOP4:31
    Freedomworks' Matt Kibbe on the Hostile Takeover of The GOP
    ReasonVids
    762 views
    Thumbnail for Coon rolling around0:09
    Coon rolling around
    bestofpoal
    573 views
    Thumbnail for 'Can you be TOO SMART to be a police officer? Yes, you can!'2:54
    'Can you be TOO SMART to be a police officer? Yes, you can!'
    ReasonVids
    734 views
    Thumbnail for Mike Flynn: A McCain Upset?1:44
    Mike Flynn: A McCain Upset?
    ReasonVids
    911 views
    Thumbnail for CPAC 2012: Occupy Protesters & Anti-gay Activists4:44
    CPAC 2012: Occupy Protesters & Anti-gay Activists
    ReasonVids
    881 views
    Thumbnail for Saibaman and the Kraken vs Aegis and Kuno - MUGEN (Gameplay) S1 • E280:43
    Saibaman and the Kraken vs Aegis and Kuno - MUGEN (Gameplay) S1 • E28
    memology101
    1138 views
    Thumbnail for Ron Bailey on "The End of Doom"21:07
    Ron Bailey on "The End of Doom"
    ReasonVids
    903 views
    Thumbnail for The Unauthorized Autobiography of Kim Jong Il: Q&A with Michael Malice54:27
    The Unauthorized Autobiography of Kim Jong Il: Q&A with Michael Malice
    ReasonVids
    1030 views
    Thumbnail for Put the Money in the Backpack: Lisa Graham Keegan on Reforming School Funding1:05
    Put the Money in the Backpack: Lisa Graham Keegan on Reforming School Funding
    ReasonVids
    877 views

points

Permalink
Reply
libertarianism (political ideology)
,
reason (magazine)
,
antonin scalia (judge)
,
clarence thomas (judge)
,
anthony kennedy
,
supreme court of the united states (court)
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle