Our Constitution was written not to empower democracy, but to secure liberty and, argues scholar Sandefur, the overemphasis on democracy by today's legal community has helped expand the scope of government power at the expense of individual rights. Rights that can only be restored when we look to the Declaration of Independence as the "conscience of the Constitution" and we insure that "Liberty comes first" as Sandefur says, as "order arises from it." -- From the publisher.

Democracy and freedom -- The Civil War and the incomplete reconstruction -- In defense of substantive due process -- The critics of substantive due process -- Judicial "activism" and judicial abdication -- Conclusion.