To Secure These Rights enters the fascinating--and often
contentious--debate over constitutional interpretation. Scott
Douglas Gerber here argues that the Constitution of the United
States should be interpreted in light of the natural rights
political philosophy of the Declaration of Independence and that
the Supreme Court is the institution of American government that
should be primarily responsible for identifying and applying that
philosophy in American life. Importantly, the theory advanced in
this book--what Gerber calls liberal originalism--is neither
consistently liberal nor consistently conservative in the modern
conception of those terms. Rather, the theory is liberal in the
classic sense of viewing the basic purpose of government to be
safeguarding the natural rights of individuals. As Thomas Jefferson
wrote in the Declaration of Independence, to secure these rights,
governments are instituted among men. In essence, Gerber maintains
that the Declaration articulates the philosophical ends of our
nation and that the Constitution embodies the means to effectuate
those ends. Gerber's analysis reveals that the Constitution cannot
be properly understood without recourse to history, political
philosophy, and law.
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