Reading the Constitution by Stephen Breyer

Reading the Constitution by Stephen Breyer

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Reading the Constitution by Stephen Breyer

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.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.
SKU Non disponible
ISBN 13 9781668021538
ISBN 10 1668021536
Titre Reading the Constitution
Auteur Stephen Breyer
État Non disponible
Type de reliure Hardback
Éditeur Simon & Schuster
Année de publication 2024-03-26
Nombre de pages 368
Note de couverture La photo du livre est présentée à titre d'illustration uniquement. La reliure, la couverture ou l'édition réelle peuvent varier.
Note Non disponible