• [ 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:1093
@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
    1496 views
    Thumbnail for 「さよならのつづき」さえ子篇 - Netflix0:31
    「さよならのつづき」さえ子篇 - Netflix
    Invidious8
    152 views
    Thumbnail for How California Could Have Avoided Its Epic Water Crisis3:43
    How California Could Have Avoided Its Epic Water Crisis
    ReasonVids
    1590 views
    Thumbnail for Christmas Jazz 🎄 Peaceful Christmas Jazz & Sweet Christmas Bossa Nova for Relax, Study, Work | Coffee Harmony1:00
    Christmas Jazz 🎄 Peaceful Christmas Jazz & Sweet Christmas Bossa Nova for Relax, Study, Work | Coffee Harmony
    invidious1
    1363 views
    Thumbnail for The Japanese find out that their traditional demons are based off of jews6:09
    The Japanese find out that their traditional demons are based off of jews
    bestofvoatxyz
    6214 views
    Thumbnail for روسيا وعم الكوكب أشعلا كوريا الجنوبية : الرئيس فرض الأحكام العرفية والجيش  تحرك  والحرائق إشتعلت | قناة مصر ـ Egypt Channel1:39:17
    روسيا وعم الكوكب أشعلا كوريا الجنوبية : الرئيس فرض الأحكام العرفية والجيش تحرك والحرائق إشتعلت | قناة مصر ـ Egypt Channel
    Invidious8
    117 views
    Thumbnail for Robert Zubrin: Radical Environmentalists and Other Merchants of Despair9:33
    Robert Zubrin: Radical Environmentalists and Other Merchants of Despair
    ReasonVids3
    1758 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    420 views
    Thumbnail for How To Chat Anonymously Online5:15
    How To Chat Anonymously Online
    ReasonVids
    1859 views
    Thumbnail for Kennedy and Producer Andy Schuon on the Golden Age of MTV28:42
    Kennedy and Producer Andy Schuon on the Golden Age of MTV
    ReasonVids
    1967 views
    Thumbnail for Blast Off Into Space with Reason Magazine's Matt Welch1:20
    Blast Off Into Space with Reason Magazine's Matt Welch
    ReasonVids2
    1779 views
    Thumbnail for Iran this, Israel that well iran out of beer and the struggle Israel | FunnyMemeSpot Backup0:17
    Iran this, Israel that well iran out of beer and the struggle Israel | FunnyMemeSpot Backup
    Invidious7
    192 views
    Thumbnail for China is Intervening in Myanmar's Civil War. And More. | Warfronts43:53
    China is Intervening in Myanmar's Civil War. And More. | Warfronts
    invidious1
    389 views
    Thumbnail for Heaton Fixes the Jones Act6:03
    Heaton Fixes the Jones Act
    ReasonVids2
    1418 views
    Thumbnail for Occupy Thanksgiving: A Message of Hope, Redemption, and Dada0:27
    Occupy Thanksgiving: A Message of Hope, Redemption, and Dada
    ReasonVids3
    1806 views
    Thumbnail for H³0:17
    H³
    bestofanarchocapitalism
    2207 views
    Thumbnail for My Body, My Choice | Grunt Speak Shorts20:44
    My Body, My Choice | Grunt Speak Shorts
    Terrence Popp
    1199 views
    Thumbnail for Donald Trump Says He Would Consider Pardoning Eric Adams | Newsweek1:00
    Donald Trump Says He Would Consider Pardoning Eric Adams | Newsweek
    Invidious8
    128 views
    Thumbnail for "Restore the Fourth Rally" Against NSA Surveillance2:34
    "Restore the Fourth Rally" Against NSA Surveillance
    ReasonVids
    1743 views
    Thumbnail for Abortion & Libertarians: Nick Gillespie, Ronald Bailey, Mollie Hemingway & Katherine Mangu-Ward50:58
    Abortion & Libertarians: Nick Gillespie, Ronald Bailey, Mollie Hemingway & Katherine Mangu-Ward
    ReasonVids
    1912 views
    Thumbnail for Joe Trippi: "I don't see Jeb Bush and Hillary Clinton having a big fight over the NSA."0:56
    Joe Trippi: "I don't see Jeb Bush and Hillary Clinton having a big fight over the NSA."
    ReasonVids
    1867 views
    Thumbnail for Synagogue of Satan1:58:06
    Synagogue of Satan
    AOUisgay
    666 views
    Thumbnail for Mind-blowing Minecraft Illusions! | Skip the Tutorial9:37
    Mind-blowing Minecraft Illusions! | Skip the Tutorial
    Invidious8
    123 views
    Thumbnail for Yanis Varoufakis explains how big tech is economically dominating your life | PoliticsJOE1:04:10
    Yanis Varoufakis explains how big tech is economically dominating your life | PoliticsJOE
    Invidious9
    1130 views
    Thumbnail for "We're All Austrians Now" - Ron Paul and the IA Caucus3:18
    "We're All Austrians Now" - Ron Paul and the IA Caucus
    ReasonVids
    1726 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