• [ 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:915
@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)
    Movie Night
    Thumbnail for Is Free Speech Under Attack in America?30:20
    Is Free Speech Under Attack in America?
    ReasonVids
    1163 views
    Thumbnail for Obama Wins and Nothing Changes; The Wildly Unpopular Status Quo Is Ratified!1:43
    Obama Wins and Nothing Changes; The Wildly Unpopular Status Quo Is Ratified!
    ReasonVids
    1053 views
    Thumbnail for Can Vaccine Mandates Be Justified? A Soho Forum Debate1:24:13
    Can Vaccine Mandates Be Justified? A Soho Forum Debate
    ReasonVids
    911 views
    Thumbnail for Hamilton Morris Is Changing the Way We Talk About Drugs28:27
    Hamilton Morris Is Changing the Way We Talk About Drugs
    ReasonVids
    1062 views
    Thumbnail for There go all the good goy points0:06
    There go all the good goy points
    AOUisgay
    574 views
    Thumbnail for How I Made an Ant Think It Was Dead—The Zombie Ant Experiment | The Action Lab7:44
    How I Made an Ant Think It Was Dead—The Zombie Ant Experiment | The Action Lab
    science.topic
    281 views
    Thumbnail for The Green Regulation Machine: Saving the Planet or Killing Jobs?9:16
    The Green Regulation Machine: Saving the Planet or Killing Jobs?
    ReasonVids
    1082 views
    Thumbnail for No Asylum: Immigrants Locked Up in U.S. after Fleeing Violence8:23
    No Asylum: Immigrants Locked Up in U.S. after Fleeing Violence
    ReasonVids
    1128 views
    Thumbnail for Barack Obama & the DC School Voucher Program5:27
    Barack Obama & the DC School Voucher Program
    ReasonVids
    1036 views
    Thumbnail for Another day at the gas station in niggerville0:42
    Another day at the gas station in niggerville
    bestofvoatxyz
    724 views
    Thumbnail for Bus fire training12:15
    Bus fire training
    moonchance
    970 views
    Thumbnail for Hank Williams Jr - If The South Would Have Won3:19
    Hank Williams Jr - If The South Would Have Won
    KKK
    1332 views
    Thumbnail for Malmö, Sweden - I really hope this fucker got the beating of his life once the camera went off0:39
    Malmö, Sweden - I really hope this fucker got the beating of his life once the camera went off
    AOUisgay
    642 views
    Thumbnail for Hardhat and Sandals0:14
    Hardhat and Sandals
    bestofvoatxyz
    900 views
    Thumbnail for Challenging Affirmative Action and Gerrymandering: AEI's Edward Blum29:09
    Challenging Affirmative Action and Gerrymandering: AEI's Edward Blum
    ReasonVids
    1208 views
    Thumbnail for Why Not Vote Third Party? We Asked California Voters.6:02
    Why Not Vote Third Party? We Asked California Voters.
    ReasonVids
    1096 views
    Thumbnail for Kid nails the 5-7-10 split0:07
    Kid nails the 5-7-10 split
    bestofvoatxyz
    970 views
    Thumbnail for Drums of New York6:04
    Drums of New York
    Darude.topic
    152 views
    Thumbnail for New Jersey's Insane Seatbelt Law For Your Dog! Nanny of the Month July 2012!1:08
    New Jersey's Insane Seatbelt Law For Your Dog! Nanny of the Month July 2012!
    ReasonVids
    1054 views
    Thumbnail for How to Make an Aesthetic Ribbon Rose | DIY Viral Ribbon Rose Tutorial | A S O L Â T1:00
    How to Make an Aesthetic Ribbon Rose | DIY Viral Ribbon Rose Tutorial | A S O L Â T
    invidious
    224 views
    Thumbnail for Yes languages is the best key of business 👌 | Watchbyjuls0:28
    Yes languages is the best key of business 👌 | Watchbyjuls
    invidious
    128 views
    Thumbnail for The UN will have complete legal authority over every American in the USA12:04
    The UN will have complete legal authority over every American in the USA
    bestofvoatxyz
    1096 views
    Thumbnail for Jet Grind Audio Fixed | Previously Recorded1:02:15
    Jet Grind Audio Fixed | Previously Recorded
    invidious
    468 views
    Thumbnail for LIVE UPDATES: DCA plane crash briefing | FOX 5 DC2:24:05
    LIVE UPDATES: DCA plane crash briefing | FOX 5 DC
    invidious
    258 views
    Thumbnail for CEMİL ÖNAL'LA VURULMADAN ÖNCE SON KONUŞMAMIZ | Cevheri Güven1:05:15
    CEMİL ÖNAL'LA VURULMADAN ÖNCE SON KONUŞMAMIZ | Cevheri Güven
    invidious
    201 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