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Reading the Constitution (Why I Chose Pragmatism, Not Textualism)
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Product Details
Author:
Stephen Breyer
Format:
Hardcover
Pages:
368
Publisher:
Simon & Schuster (March 26, 2024)
Language:
English
ISBN-13:
9781668021538
ISBN-10:
1668021536
Weight:
18.72oz
Dimensions:
6.125" x 9.25" x 1.1"
File:
Eloquence-SimonSchuster_04072026_P9928843_onix30-20260407.xml
Folder:
Eloquence
List Price:
$32.00
Case Pack:
20
As low as:
$24.64
Publisher Identifier:
P-SS
Discount Code:
A
Audience:
General/trade
Pub Discount:
65
Imprint:
Simon & Schuster
Overview
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.
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.
