• [ network ]
  • goatmatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

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

Views:1070
@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
    1460 views
    Thumbnail for Whoever put "for rectal use only" stickers on Bud Light.... wins the internet today. 🤣🤣🤣0:17
    Whoever put "for rectal use only" stickers on Bud Light.... wins the internet today. 🤣🤣🤣
    AOUisgay
    836 views
    Thumbnail for Hunter Biden. 3 Days Clean. No Pants.1:39
    Hunter Biden. 3 Days Clean. No Pants.
    LibertyIsTheLaw
    25033 views
    Thumbnail for 4 years in prison for this...1:22
    4 years in prison for this...
    bestofvoatxyz
    955 views
    Thumbnail for covid was a trial run and they were astounded at how complacent the sheeple were0:56
    covid was a trial run and they were astounded at how complacent the sheeple were
    bestofupgoat
    568 views
    Thumbnail for Björk - All Is Full Of Love (Instrumental)4:42
    Björk - All Is Full Of Love (Instrumental)
    JasonCarswell
    468 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    238 views
    Thumbnail for COVIDLAND: The Lockdown (Episode 1)2:09:29
    COVIDLAND: The Lockdown (Episode 1)
    bestofsaidit
    1084 views
    Thumbnail for Tulsi Gabbard: Embarrassing Kamala Harris is US voice on global stage7:07
    Tulsi Gabbard: Embarrassing Kamala Harris is US voice on global stage
    bestofsaidit
    1159 views
    Thumbnail for Mandatory Remote Kill Switches Coming to ALL NEW CARS in the USA. | Mental Outlaw10:29
    Mandatory Remote Kill Switches Coming to ALL NEW CARS in the USA. | Mental Outlaw
    Invidious7
    681 views
    Thumbnail for White couple attacked by feral animals in England3:50
    White couple attacked by feral animals in England
    bestofupgoat
    1040 views
    Thumbnail for Dr. House knew that it wasn’t love but guilt among his patients #movie #shorts #video | Matthew Amy1:00
    Dr. House knew that it wasn’t love but guilt among his patients #movie #shorts #video | Matthew Amy
    invidious1
    512 views
    Thumbnail for What If We Had a Worldwide Pandemic? | What If7:01
    What If We Had a Worldwide Pandemic? | What If
    Invidious8
    101 views
    Thumbnail for 3D tracking will never be the same for me again... (COLMAP workflow) | Polyfjord19:16
    3D tracking will never be the same for me again... (COLMAP workflow) | Polyfjord
    invidious3
    227 views
    Thumbnail for Homemade Rice Dumpling | Bento Club0:37
    Homemade Rice Dumpling | Bento Club
    Invidious8
    94 views
    Thumbnail for No one should need a college degree to work in a day care1:12
    No one should need a college degree to work in a day care
    IJvids
    1258 views
    Thumbnail for Did US Force Qatar to Expel Hamas Leaders? | Vantage with Palki Sharma | Firstpost5:49
    Did US Force Qatar to Expel Hamas Leaders? | Vantage with Palki Sharma | Firstpost
    Invidious8
    104 views
    Thumbnail for Fountain Pen Flex 💪 (Regalia Crossflex Nib) | aidanbernal0:10
    Fountain Pen Flex 💪 (Regalia Crossflex Nib) | aidanbernal
    Invidious8
    99 views
    Thumbnail for 【 五目並べ 】大好きなキャラのためにバカーシュという汚名返上【鷹嶺ルイ/ホロライブ】 | Lui ch. 鷹嶺ルイ - holoX -1:46:42
    【 五目並べ 】大好きなキャラのためにバカーシュという汚名返上【鷹嶺ルイ/ホロライブ】 | Lui ch. 鷹嶺ルイ - holoX -
    Invidious8
    79 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