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.

Timothy Sandefur is vice president for litigation at the Goldwater Institute, where he oversees the legal staff and holds the Clarence J. and Katherine P. Duncan Chair in Constitutional Government. He has litigated important cases involving economic liberty, private property, and other individual rights. Sandefur is the author of six books—The Ascent of Jacob Bronowski (2019), Frederick Douglass: Self‐Made Man (2018), Cornerstone of Liberty: Property Rights in 21st Century America (second edition, coauthored with Christina Sandefur, 2016), and The Permission Society (2016).