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Introduction

Published online by Cambridge University Press:  05 December 2025

Alexander Kaufman
Affiliation:
University of Georgia
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Summary

The liberties guaranteed by the Constitution of the United States—including freedom of speech, freedom of association, the free exercise of religion, and the guarantees of due process and equal protection under law—are designed to ensure to each individual the ability to pursue his or her own interests free from improper interference by the government. Since the government in a democracy is directed by the preferences of the majority, another way of describing the function of the entrenched liberty protections in the Constitution is to say that they protect the minority against the abuse of political power by the majority. The Constitution’s liberty guarantees are enforced by the federal courts through the exercise of the power of judicial review. In exercising this power, the federal courts therefore perform an essential role in securing the liberties that are fundamental to the democratic political tradition. If it is true that even a majority vote cannot justify the legitimacy of legislation inconsistent with respect for these liberties, then the exercise of the power of judicial review to enforce constitutionally protected rights is essential to ensure that the power of the majority is exercised legitimately.

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  • Introduction
  • Alexander Kaufman, University of Georgia
  • Book: Democracy, Liberty, and Judicial Review
  • Online publication: 05 December 2025
  • Chapter DOI: https://doi.org/10.1017/9781009661607.001
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  • Introduction
  • Alexander Kaufman, University of Georgia
  • Book: Democracy, Liberty, and Judicial Review
  • Online publication: 05 December 2025
  • Chapter DOI: https://doi.org/10.1017/9781009661607.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Alexander Kaufman, University of Georgia
  • Book: Democracy, Liberty, and Judicial Review
  • Online publication: 05 December 2025
  • Chapter DOI: https://doi.org/10.1017/9781009661607.001
Available formats
×