Reading the Constitution : Why I Chose Pragmatism, Not Textualism by Stephen Breyer (2024, Hardcover)

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About this product

Product Identifiers

PublisherSimon & Schuster
ISBN-101668021536
ISBN-139781668021538
eBay Product ID (ePID)7063423361

Product Key Features

Book TitleReading the Constitution : Why I Chose Pragmatism, Not Textualism
Number of Pages368 Pages
LanguageEnglish
TopicAmerican Government / Judicial Branch, Constitutional, Constitutions, United States / 21st Century
Publication Year2024
GenreLaw, Political Science, History
AuthorStephen Breyer
FormatHardcover

Dimensions

Item Height1.1 in
Item Weight18.8 Oz
Item Length9.2 in
Item Width6.1 in

Additional Product Features

Intended AudienceTrade
LCCN2023-288455
Dewey Edition23
ReviewsA rocket from a Supreme Court justice who served 28 years on the Court. Justice Breyer shows how the current Supreme Court's alleged textualism and originalism are unsound. His book is a judicial arms-control agreement advocating moderation and a path to what he calls 'workable democracy.' You will not read a more important legal work this election year.
Dewey Decimal342.7302
SynopsisA provocative, brilliant analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a better way to interpret the Constitution. "You will not read a more important legal work this election year." --Bob Woodward, Washington Post reporter and author of fifteen #1 New York Times bestselling books "A dissent for the ages." -- The Washington Post "Breyer's candor about the state of the court is refreshing and much needed." -- The Boston Globe The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written. This, however, is not Justice Breyer's philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall's exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations. Most important in interpreting law, says Breyer, is to understand the purposes of statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation's history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results., A provocative, brilliant analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a better way to interpret the Constitution . "You will not read a more important legal work this election year." --Bob Woodward, Washington Post reporter and author of fifteen #1 New York Times bestselling books "A dissent for the ages." -- The Washington Post "Breyer's candor about the state of the court is refreshing and much needed." -- The Boston Globe The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written. This, however, is not Justice Breyer's philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall's exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations. Most important in interpreting law, says Breyer, is to understand the purposes of statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation's history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results.
LC Classification NumberKF4550.B728 2024
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