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Reading the Constitution
- Why I Chose Pragmatism, Not Textualism
- Narrated by: Stephen Breyer
- Length: 12 hrs and 16 mins
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Publisher's summary
“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 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.
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Experience a bold take on this classic autobiography as it’s performed by Oscar-nominated Laurence Fishburne. In this searing classic autobiography, originally published in 1965, Malcolm X, the Muslim leader, firebrand, and Black empowerment activist, tells the extraordinary story of his life and the growth of the Human Rights movement. His fascinating perspective on the lies and limitations of the American dream and the inherent racism in a society that denies its non-White citizens the opportunity to dream, gives extraordinary insight into the most urgent issues of our own time.
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it's Nearly perfect
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Caffeine
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Michael Pollan, known for his best-selling nonfiction audio, including The Omnivores Dilemma and How to Change Your Mind, conceived and wrote Caffeine: How Caffeine Created the Modern World as an Audible Original. In this controversial and exciting listen, Pollan explores caffeine’s power as the most-used drug in the world - and the only one we give to children (in soda pop) as a treat.
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Leaves much to be desired
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I Thought It Was Just Me (but it isn’t)
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Based on seven years of ground-breaking research and hundreds of interviews, I Thought It Was Just Me shines a long-overdue light on an important truth: Our imperfections are what connect us to each other and to our humanity. Our vulnerabilities are not weaknesses; they are powerful reminders to keep our hearts and minds open to the reality that we're all in this together.
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I'm sure its great if you are a mother ....
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Fingerprints of the Gods
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Fingerprints of the Gods is the revolutionary rewrite of history that has persuaded millions of listeners throughout the world to change their preconceptions about the history behind modern society. An intellectual detective story, this unique history audiobook directs probing questions at orthodox history, presenting disturbing new evidence that historians have tried - but failed - to explain.
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Classic in Historical Mysteries
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What listeners say about Reading the Constitution
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- crafty-sue
- 04-10-24
Thoroughly engaging book.
Never a dull moment. Wisely edited with a noted nod to the editors. The flow is natural. It felt like a condensed Constitution course without getting preachy. Very pragmatic ;)
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- Bruce Foster
- 04-13-24
Masterful
This work is one that shows both a deep understanding of jurisprudence and of the English language.
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- Richard Manning
- 04-17-24
A reflection of current times
This is a monumental book that clearly defines the current times and should be read by every citizen who values the concepts put forward by the Constitution and the founding fathers. It was written so that every American can understand the meaning of the Constitution without being a lawyer or a student of law.
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- Bryan Wellisch
- 04-16-24
My Opinion
I enjoyed this book because it gave me food for thought in 2024 when Democracy is being challenged and rights being removed from Americans.
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- Bradley
- 07-11-24
Judicial “Make up your own reasoning” after the fact.
Justice Breyer assumes good intent, amongst his fellow justices. After listening to this audiobook, however, I could not help but exclaim at many different points – “judges, like everyone else, decide what they are going to do and come up with the reasoning afterwards. An “originalist” will find him or herself on the opposite side of the argument if it simply suits their preferences. I assume no such good will and it is folly to suggest something different.
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- MW
- 06-20-24
Essential reading for everyone interested in democracy and the Constitution
Justice Breyer explains his methodlogy for deciding cases before the Supreme Court, a methodology that uses many sources to arrive at a decision and he rejects the reliance on or use of textualism or originalism alone to decide cases. He uses examples to explain the problems that reliance solely on the text of a statute or constitutional provision, or on what is thought to be the “orignal” meaning of the words. His methods are focused on assuring that the Constitution works today and in the future - it was designed to last through the ages. He is a wonderful reader, and this book is easily understandable by lay readers.
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- K1a55
- 06-15-24
An eloquent argument
Justice Breyer develops an eloquent argument in support of a pragmatic approach to justice and against textualism. This is an excellent treatise on the subject.
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- mak
- 05-03-24
Everyone should listen to this to understand better what is happening with the court. So helpful for context!
I thought the historical aspect was so very valuable. And the explanation of the differing philosophies was simple and easy to understand. helped so very much to understand some of what feels like chaos when watching the news. Taking the time to walk thru case examples was great learning reenforcement. Lastly, we should all realize how critical our votes are as it relates to this most important aspect of our government.
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- Michael
- 05-03-24
Interesting yet unconvincing
I really liked the book and enjoyed the many examples. Nevertheless, I was not convinced that “pragmatism” is significantly superior to “textualism”. Both systems are subject to bias, cherry picking, and over generalization. Both systems seem equally problematic.
The narration was quite laidback (I listened at 1.5) but excellent.
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- Bill Dauster
- 05-09-24
An Argument for Pragmatism
The thoughtful former Justice argues against relying solely on textualism and originalism, but instead argues for also using statutory purpose, legislative history, precedent, and workability. Justice Breyer illustrates his points by discussing individual cases. In explicating his pragmatic, sometimes apparently instinctual decision making, Justice Breyer also sometimes demonstrates the inconsistency of his method, as when he discusses the two cases addressing display of the Ten Commandments.
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