• [ 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:813
@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
    1034 views
    Thumbnail for 【完整公開】LIVE 裕隆駁拿政府百億補助 王世堅最新回應 | 台視新聞 TTV NEWS3:26:31
    【完整公開】LIVE 裕隆駁拿政府百億補助 王世堅最新回應 | 台視新聞 TTV NEWS
    invidious
    130 views
    Thumbnail for Dinner for two0:21
    Dinner for two
    bestofupgoat
    491 views
    Thumbnail for This person gets more say about society than you do0:24
    This person gets more say about society than you do
    AOUisgay
    626 views
    Thumbnail for Yuval Noah Harari & Ian Bremmer at The 92nd Street Y – March 2024 | Yuval Noah Harari 1:07:32
    Yuval Noah Harari & Ian Bremmer at The 92nd Street Y – March 2024 | Yuval Noah Harari
    invidious
    366 views
    Thumbnail for Auction Rap1:25
    Auction Rap
    bestofvoatxyz
    826 views
    Thumbnail for BAHIA 1X1 CORINTHIANS 🔴 AO VIVO: ZONA MISTA E COLETIVA | 1ª RODADA | CAMPEONATO BRASILEIRO 20256:25:51
    BAHIA 1X1 CORINTHIANS 🔴 AO VIVO: ZONA MISTA E COLETIVA | 1ª RODADA | CAMPEONATO BRASILEIRO 2025
    invidious
    195 views
    Thumbnail for Traffic FAFO0:20
    Traffic FAFO
    bestofupgoat
    102 views
    Thumbnail for 🐶🔋🔥0:48
    🐶🔋🔥
    bestofupgoat
    280 views
    Thumbnail for Halo 2 Anniversary - Team Slayer - Select (XBOX ONE) | Mystical Gaming9:14
    Halo 2 Anniversary - Team Slayer - Select (XBOX ONE) | Mystical Gaming
    invidious
    448 views
    Thumbnail for Ex pornstar wants to forget about her past and get married0:15
    Ex pornstar wants to forget about her past and get married
    bestofvoatxyz
    708 views
    Thumbnail for The Economics of The Rolling Stones, LeBron James, and Downton Abbey8:58
    The Economics of The Rolling Stones, LeBron James, and Downton Abbey
    ReasonVids
    970 views
    Thumbnail for I Hope She Feels Liberated 2:19
    I Hope She Feels Liberated
    bestofupgoat
    199 views
    Thumbnail for The 2022 White People Review is about to be released. We've had two big fuckups that will be highlighted...0:37
    The 2022 White People Review is about to be released. We've had two big fuckups that will be highlighted...
    bestofvoatxyz
    841 views
    Thumbnail for From a time when cartoons had White values1:20
    From a time when cartoons had White values
    bestofvoatxyz
    612 views
    Thumbnail for Why King Is Getting Buffed In The Next Chess Update | Chess Simp3:12
    Why King Is Getting Buffed In The Next Chess Update | Chess Simp
    invidious
    138 views
    Thumbnail for I Recreated a MAZE Track From a Famous Video Game | Kosmonaut14:55
    I Recreated a MAZE Track From a Famous Video Game | Kosmonaut
    invidious
    364 views
    Thumbnail for Turning Japanese - Is the US Creating Its Own Lost Decade?3:38
    Turning Japanese - Is the US Creating Its Own Lost Decade?
    ReasonVids
    1015 views
    Thumbnail for Here you are, boys: US Army video featuring White men. 0:30
    Here you are, boys: US Army video featuring White men.
    bestofupgoat
    639 views
    Thumbnail for DJ Maretimo Lounge Radio 😎24/7 live chillout radio, relaxing music & backgroundmusic for work, study | DJ Maretimo Records+Radio, lounge, chillout, house1:00
    DJ Maretimo Lounge Radio 😎24/7 live chillout radio, relaxing music & backgroundmusic for work, study | DJ Maretimo Records+Radio, lounge, chillout, house
    invidious
    354 views
    Thumbnail for DIY Sonar Scanner Ep. 2 (STEM, RMT tricks) | bitluni8:20
    DIY Sonar Scanner Ep. 2 (STEM, RMT tricks) | bitluni
    invidious
    488 views
    Thumbnail for pets0:27
    pets
    bestofupgoat
    341 views
    Thumbnail for Private equity firms (such as Blackrock) are value-stripping the UK1:31
    Private equity firms (such as Blackrock) are value-stripping the UK
    bestofupgoat
    166 views
    Thumbnail for This store has a secret room! | Infinite Shorts0:59
    This store has a secret room! | Infinite Shorts
    invidious
    438 views
    Thumbnail for Auguste Piccard, the first man to have seen stars from the stratosphere before the U.S. Air Force went to space in December 1960.1:45
    Auguste Piccard, the first man to have seen stars from the stratosphere before the U.S. Air Force went to space in December 1960.
    AOUisgay
    534 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