The Conscience of the Constitution The Declaration of Independence and the Right to Liberty

"Now the nation no longer lacks what it has long needed, a slender book that lucidly explains the intensity of conservatism's disagreements with progressivism."--George Will, The Washington Post

Is liberty or democracy the primary constitutional value? At a time when Americans are increasingly facing violations of their civil liberties, Timothy Sandefur's insightful book explains why the Declaration of Independence, with its doctrines on the primacy of liberty, the natural rights of man, and the limits on legitimate government, should serve as the guidepost for understanding the Constitution. The author takes the reader through the ideas of substantive due process and judicial activism and defends them from mainstream criticisms while drawing on examples from literature, television, and Supreme Court cases. The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty argues that modern legal doctrines, which value democracy over liberty, are endangering individual rights and corrupting our civic institutions.

Acknowledgments

Introduction

1. Democracy and Freedom

2. The Civil War and the Incomplete Reconstruction

3. In Defense of Substantive Due Process

4. The Critics of Substantive Due Process

5. Judicial “Activism” and Judicial Abdication

6. Conclusion

Notes

Index