Reading the Constitution: Why I Chose Pragmatism, Not Textualism

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Synopsis
New York Times Bestseller In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court&’s supermajority and makes the case for a more pragmatic approach of 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 GlobeThe 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 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.
Copyright:
2024

Book Details

Book Quality:
Publisher Quality
Book Size:
368 Pages
ISBN-13:
9781668021552
Related ISBNs:
9781668021545
Publisher:
Simon & Schuster
Date of Addition:
Copyrighted By:
Stephen Breyer
Adult content:
No
Language:
English
Has Image Descriptions:
No
Categories:
History, Nonfiction, Law, Legal Issues and Ethics, Politics and Government
Submitted By:
Bookshare Staff
Usage Restrictions:
This is a copyrighted book.

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