By Helen J. Knowles
This is often the 1st book-length research of best courtroom Justice Anthony M. Kennedy. utilizing the hot-button problems with privateness rights, race, and unfastened speech, The Tie is going to Freedom demanding situations the traditional knowledge that Kennedy's jurisprudence is inconsistent and incoherent. The publication additionally demonstrates how he forcefully articulates a libertarian constitutional imaginative and prescient.
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Additional info for The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty
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Reports. Not even the extensive papers of Justice Harry Blackmun tell us the precise nature and extent of clerkish influence on a justice’s opinion-writing process. 73 Together with material from the papers of former Justices William J. Brennan Jr. and Thurgood Marshall (Kennedy’s colleagues between 1988 and 1990, and 1988 and 1991 respectively), they have given me a deeper appreciation of the ways in which Kennedy constructed his opinions. Finally, it is important to bring brief attention to two other sources that confirm that the modestly libertarian jurisprudence that I ascribe to his opinions is actually composed of Kennedy’s own views.
It would be wrong to try and identify common bonds that unite the different approaches. 40 The methodological approach that I take in this book was not chosen out of ignorance of the value that can be gained from bringing the best of these two fields together. However, my interdisciplinary instincts lead me to make more use of the insights into judicial behavior provided by strategic and new institutional schools of thought than the knowledge that we gain from the research undertaken by members of the behavioralist school of judicial politics.
We can see why this is so by considering the fact that central to Locke’s Second Treatise arguments is the understanding that some government regulation is needed in order to protect individuals’ rights. This, in other words, is the principal reason why government should exist. Locke theorized that individuals would decide to leave a (hypothetical) state of nature in order to establish a civil (political) society with governing institutions. This meant giving up some individual freedom, but the negative consequences of this were considered outweighed by the benefits attached to the creation of formal structures.