[35], Breyer expounded his judicial philosophy in 2005 in Active Liberty: Interpreting Our Democratic Constitution. After attending Stanford University, Breyer went to the University of Oxford on a Marshall Scholarship and then studied law at Harvard Law School. "Supreme Court Justice Stephen Breyer: "To Understand a Building, Go There, Open your Eyes, and Look! For example, according to Peter Berkowitz,[37] the reason that "[t]he primarily democratic nature of the Constitution's governmental structure has not always seemed obvious", as Breyer puts it, is "because it's not true, at least in Breyer's sense, that the Constitution elevates active liberty above modern [negative] liberty". Law is tied to life; and a failure to understand how a statute is so tied can undermine the very human activity that the law seeks to benefit' (p. 100). [13], Breyer served as a law clerk to Associate Justice Arthur Goldberg during the 1964 term (list), and served briefly as a fact-checker for the Warren Commission. [13] On the sentencing commission he played a key role in reforming federal criminal sentencing procedures, producing the Federal Sentencing Guidelines, which were formulated to increase uniformity in sentencing.[20]. Adhering to traditional political labels to describe the important work of the justices obscures both what they do and how they do it. 1629, and the United States Senate confirmed him on December 9, 1980, by an 80–10 vote. Attaching such labels to the justices is a common and unfortunate fixture of our politically polarized era. Does the result favor my side or theirs? The problem is that these labels fail accurately to reflect both the role of the Supreme Court in our governmental scheme and the ways in which the justices approach the critical task of judicial review in our democracy. Lawrence Friedman is a professor at New England Law in Boston, where he teaches constitutional law. [8][14], Breyer was a lecturer, assistant professor, and law professor at Harvard Law School starting in 1967. Failing to answer the textualist charge that the Living Documentarian judge is a law unto himself, Berkowitz argues that Active Liberty "suggests that when necessary, instead of choosing the consequence that serves what he regards as the Constitution's leading purpose, Breyer will determine the Constitution’s leading purpose on the basis of the consequence that he prefers to vindicate". Since Ginsburg's death in September 2020, Breyer has been the oldest incumbent Supreme Court Justice. Ano ang pinakamaliit na kontinente sa mundo?

[10] He then returned to the United States to attend Harvard Law School, where he was a member of the Harvard Law Review and graduated in 1964 with a Bachelor of Laws degree magna cum laude. Breyer rejects the strict interpretation of the Sixth Amendment espoused by Justice Scalia that all facts necessary to criminal punishment must be submitted to a jury and proved beyond a reasonable doubt.