Reading the Constitution : why I chose pragmatism, not textualism / Stephen Breyer.
Material type:
TextPublisher: New York : Simon & Schuster, 2024Copyright date: ©2024Edition: First Simon & Schuster hardcover editionDescription: xxix, 335 pages ; 25 cmContent type: - text
- unmediated
- volume
- 9781668021538
- 1668021536
- Why I chose pragmatism, not textualism
| Item type | Home library | Collection | Shelving location | Call number | Materials specified | Status | Date due | Barcode | Item holds | |
|---|---|---|---|---|---|---|---|---|---|---|
Adult Book
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Dr. James Carlson Library | NonFiction | New | 342.7302 B848 | Checked out | 06/24/2024 | 33111011127319 | |||
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Adult Book
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Main Library | NonFiction | New | 342.7302 B848 | Available | 33111011341381 |
Enhanced descriptions from Syndetics:
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.
Includes bibliographical references (pages 269-321) and index.
An 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.
Preface: My way. (Part I: Purpose vs. textualism): Purpose-based approaches -- The textualist approach. (Part II: Interpreting statutory law): The traditional use of text and purpose -- The text/purpose divide -- Static or dynamic? -- Consequences -- Legislative history -- Constitutional values -- Resolving the text/purpose tension -- Why judges should consider purposes: a summary. (Part III: Interpreting the Constitution): The Constitution -- The traditional approach to constitutional interpretation -- Constitutional textualism -- When the text runs out: the limits of constitutional textualism -- Legal stability: stare decisis. (Part IV: Why values, purposes, and workability provide a better way to interpret the Constitution): Workability: history and practical experience -- Workability: deciding where values conflict -- Workability: direct application of basic values. (Part V: Paradigm shifts on the court): Three paradigm shifts -- Are we undergoing the next paradigm shift? Conclusion -- Acknowledgments -- Author's note -- Notes -- Index.