• [ 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:910
@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
    1151 views
    Thumbnail for Biden’s Ministry of Disinformation | Grunt Speak Shorts10:53
    Biden’s Ministry of Disinformation | Grunt Speak Shorts
    Terrence Popp
    939 views
    Thumbnail for Hail Fauci!1:26
    Hail Fauci!
    AOU
    1464 views
    Thumbnail for Learn to Laugh at Online Dating | Live From The Lair11:36
    Learn to Laugh at Online Dating | Live From The Lair
    Terrence Popp
    848 views
    Thumbnail for A Ukrainian soldier in a protective suit carries an IED / Molotov cocktail to the children's playground. Then he sets it up, and the picture moves away. He then sends the photo to the authorities, which is then published with the story of "Russians mining playgrounds".0:45
    A Ukrainian soldier in a protective suit carries an IED / Molotov cocktail to the children's playground. Then he sets it up, and the picture moves away. He then sends the photo to the authorities, which is then published with the story of "Russians mining playgrounds".
    AOU
    1439 views
    Thumbnail for You And Bro 😒 (Animation Meme) Anim: ​⁠@bavidanimation0  #shorts | Nutshell Animations0:15
    You And Bro 😒 (Animation Meme) Anim: ​⁠@bavidanimation0 #shorts | Nutshell Animations
    invidious
    222 views
    Thumbnail for Candidate Austin Petersen Says He's the "Bernie Sanders and Barack Obama" of the Libertarian Party6:59
    Candidate Austin Petersen Says He's the "Bernie Sanders and Barack Obama" of the Libertarian Party
    ReasonVids
    1075 views
    Thumbnail for Soll ICH STANNI aus GEFÄNGNIS HOLEN? ICH RUFE IHN AN (Minecraft HELDEN) | SYou2:45:17
    Soll ICH STANNI aus GEFÄNGNIS HOLEN? ICH RUFE IHN AN (Minecraft HELDEN) | SYou
    invidious
    352 views
    Thumbnail for Black Open Carry: Why Gun Rights and Civil Rights Need Each Other7:07
    Black Open Carry: Why Gun Rights and Civil Rights Need Each Other
    ReasonVids
    1008 views
    Thumbnail for The Terrorist-Fighting Female Commandos of Pakistan | Woman21:22
    The Terrorist-Fighting Female Commandos of Pakistan | Woman
    invidious
    472 views
    Thumbnail for The Marijuana Policy Tipping Point: A conversation with author Christopher Fichtner, M.D.9:44
    The Marijuana Policy Tipping Point: A conversation with author Christopher Fichtner, M.D.
    ReasonVids
    1157 views
    Thumbnail for 3 Lies About the Wisconsin Gov. Scott Walker Recall3:30
    3 Lies About the Wisconsin Gov. Scott Walker Recall
    ReasonVids
    1132 views
    Thumbnail for Sex First, Then Arrest Hooker? Don't Cops Have Better Things to Do?2:10
    Sex First, Then Arrest Hooker? Don't Cops Have Better Things to Do?
    ReasonVids
    1042 views
    Thumbnail for In 2020, IBM put implants into US prisoners w/o their knowledge suppressing moods & 24/7 bio-spying4:09
    In 2020, IBM put implants into US prisoners w/o their knowledge suppressing moods & 24/7 bio-spying
    bestofupgoat
    275 views
    Thumbnail for Stossel: How Government Caused 'The Boy Crisis’5:21
    Stossel: How Government Caused 'The Boy Crisis’
    ReasonVids
    1256 views
    Thumbnail for Atlas Shrugged Producer John Aglialoro on Ayn Rand's Enduring Impact17:30
    Atlas Shrugged Producer John Aglialoro on Ayn Rand's Enduring Impact
    ReasonVids
    1103 views
    Thumbnail for Theo Von and Joe Rogan Smelling Salts | Rogan Shorts0:42
    Theo Von and Joe Rogan Smelling Salts | Rogan Shorts
    invidious
    521 views
    Thumbnail for Yes languages is the best key of business 👌 | Watchbyjuls0:28
    Yes languages is the best key of business 👌 | Watchbyjuls
    invidious
    125 views
    Thumbnail for Blood test shows single mom charged with DUI, felony child neglect was sober at time of arrest . Gets blood alcohol results 6 MONTHS later.2:22
    Blood test shows single mom charged with DUI, felony child neglect was sober at time of arrest . Gets blood alcohol results 6 MONTHS later.
    The_Wind_Cries
    1301 views
    Thumbnail for Wakanda: The Perfect Ethnostate?7:30
    Wakanda: The Perfect Ethnostate?
    AmericanRenaissance
    1766 views
    Thumbnail for Cops pepper spray 15 year old for taking a “defensive stance” - Welcome to Palistine America1:00
    Cops pepper spray 15 year old for taking a “defensive stance” - Welcome to Palistine America
    publicfreakouts
    917 views
    Thumbnail for Washington's Parasitic Economy with The Weekly Standard's Andrew Ferguson4:50
    Washington's Parasitic Economy with The Weekly Standard's Andrew Ferguson
    ReasonVids
    1218 views
    Thumbnail for Sims Superstar Killing the Obsessed Fan | Steven Brulehiemer0:44
    Sims Superstar Killing the Obsessed Fan | Steven Brulehiemer
    invidious
    497 views
    Thumbnail for King Charles diagnosed with form of cancer | Sky News3:57:00
    King Charles diagnosed with form of cancer | Sky News
    invidious
    452 views
    Thumbnail for Escape from New York 19811:38:56
    Escape from New York 1981
    movies.topic
    277 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