Mr. Bush has said he wants to nominate someone in the mold of Antonin Scalia and Clarence Thomas -- a Supreme Court justice who will interpret the law, not make it. But what exactly does that mean?

In a new book Justice Stephen Breyer, often at odds with Scalia and Thomas, outlines his judicial philosophy, and makes the argument that his is in fact a more democratic philosophy. The book is called Active Liberty: Interpreting Our Democratic Constitution.

Strict Constructionalism makes sense to me as a legal theory. I'm interested in smart explanations of other approaches. Breyer has recently been poking at Scalia. Apparently he has written a book with the specific intent of presenting an alternate political philosophy. This link is to an hour long recording on it.

NPR : Supreme Court Justice Breyer on 'Active Liberty'