Reading the Constitution: Why I Chose Pragmatism, Not Textualism - Couverture rigide

Breyer, Stephen

Couverture rigide

ISBN 10 : 1668021536 ISBN 13 : 9781668021538

Editeur : Simon & Schuster, 2024

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 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 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 Supreme Court 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 propos du livre

À propos de l'auteur

Stephen Breyer is a former associate justice of the Supreme Court who served there for twenty-eight years until retiring in 2022. He lives in Cambridge, Massachusetts.

Détails de l'édition

• Éditeur: Simon & Schuster
• Date d'édition: 2024
• Langue: anglais
• ISBN 10: 1668021536
• ISBN 13: 9781668021538
• Reliure: Relié
• Nombre de pages: 368
• Coordonnées du fabricant: non disponible
• Personne responsable: Simon and Schuster Netherlands BV; info@simonandschuster.nl; ; Herculesplein 96; Utrecht; 3584 AA; Pays-Bas