Making Our Democracy Work: A Judge's View
Language: English
Published by Knopf, 2010
- Hardcover
- Used
Seller: Gulf Coast Books, Cypress, TX, U.S.A.Gulf Coast Books
AbeBooks seller since June 27, 2017
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- Title
- Making Our Democracy Work: A Judge's View
- Author
- Breyer, Stephen
- Publisher
- Knopf
- Publication year
- 2010
- Condition
- Fair
- Binding
- hardcover
- Language
- English
- ISBN 10
- 0307269914
- ISBN 13
- 9780307269911
- Item weight
- 22 ounces
- Dimensions
- 6x1x9
Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the publics confidence in the Court for granted. He reminds us that at various moments in our history, the Courts decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the stepsand the misstepsthe Court took on the road to establishing its legitimacy as the guardian of the Constitution.
Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitutions text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstancesan approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actorssuch as the president, Congress, administrative agencies, and the statesplay in our democracy, and he emphasizes the Courts obligation to build cooperative relationships with them.
Finally, Justice Breyer examines the Courts recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles.
Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Courts greatest intellectuals and a leading legal voice of our time.
"Synopsis" may belong to another edition of this title.
About the Author
Stephen Breyer is an associate justice of the United States Supreme Court. He is a resident of Cambridge, Massachusetts, and Washington, D.C.
"About the title" may belong to another edition of this title.
Gulf Coast Books
Cypress, TX, U.S.A.
AbeBooks seller since June 27, 2017
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