Making Our Democracy Work: A Judge's View ePub (Adobe DRM) download by Stephen Breyer

Making Our Democracy Work: A Judge's View

Knopf Doubleday Publishing Group
Publication date: September 2010
ISBN: 9780307594266
Digital Book format: ePub (Adobe DRM)

Buy ePub

Our price:
The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court's decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public's faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book.

Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public's confidence in the Court for granted. He reminds us that at various moments in our history, the Court's 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 steps-and the missteps—the 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 Constitution's text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances-an 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 actors-such as the president, Congress, administrative agencies, and the states-play in our democracy, and he emphasizes the Court's obligation to build cooperative relationships with them.

Finally, Justice Breyer examines the Court's recent decisions concerning the detainees held at Guantáaacute;namo 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 Court's greatest intellectuals and a leading legal voice of our time.

From the Hardcover edition.
Please sign in to review this product.
Making Our Democracy Work ePub (Adobe DRM) can be read on any device that can open ePub (Adobe DRM) files.

File Size:
2735 Kb
Copy From Text:
Other books by Stephen Breyer
Against the Death Penalty ePub (Adobe DRM) download by John Bessler
Against the Death Penalty
John Bessler & Stephen Breyer
Brookings Institution Press, August 2016
ISBN: 9780815728894
Format: ePub
List Price: $14.99 Our price: $11.99
The Court and the World: American Law and the New Global Realities ePub (Adobe DRM) download by Stephen Breyer
The Court and the World: American Law and the New Global Realities
Stephen Breyer
Knopf, September 2015
ISBN: 9781101946190
Format: ePub
List Price: $7.99 Our price: $5.99
Collaborative Governance: Private Roles for Public Goals in Turbulent Times PDF (Adobe DRM) download by Stephen Breyer
Collaborative Governance
Stephen Breyer & Stephen D. Breyer & John D. Donahue & Richard J. Zeckhauser
Princeton University Press, March 2011
ISBN: 9780691149790
Format: PDF, ePub
List Price: $21.95 Our price: $20.99
Active Liberty: Interpreting Our Democratic Constitution ePub (Adobe DRM) download by Stephen Breyer
Active Liberty
Stephen Breyer
Knopf Doubleday Publishing Group, December 2007
ISBN: 9780307263131
Format: ePub
List Price: $13.99 Our price: $11.99