In coming to a fixed determination to run away, we did more than Patrick Henry, when he resolved upon liberty or death.
These, without the least constraint upon liberty, constitute the pleasure of society, of which equality is the basis.
Every step taken to legislate against the risk of something will always be one which tends to encroach upon liberty.
During the Enlightenment there was a great emphasis upon liberty, democracy, republicanism and religious tolerance.
In effect, I argue that greater judicial emphasis upon active liberty will help to bring about better law.
From an historical perspective, one can reasonably view the Constitution as focusing first and foremost upon "active liberty."
According to the official doctrine, the Bill of Rights only applies to limit "state action" encroaching upon individual liberty.
I am not saying that focus upon active liberty will automatically answer the constitutional question in particular campaign finance cases.
Thus a restriction only infringes upon liberty if it infringes upon rights.
Does this incursion upon individual liberty without consent serve a worthwhile purpose or rest upon some important principle?