Reading the Constitution
Why I Chose Pragmatism, Not Textualism
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Narrated by:
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Stephen Breyer
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By:
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Stephen Breyer
About this listen
“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.©2024 Stephen Breyer (P)2024 Simon & Schuster Audio
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The 10 enlightening (and often humorous) lectures of Medieval Myths and Mysteries will show you how far from the “dark” times of legend these centuries were. Uncover the facts about the Knights Templar. Reveal the truth behind the tales of legendary creatures like the Questing Beast and the unicorn. Trace the events of the Black Death and the ways it altered the world in its wake, and much more. With Professor Armstrong, you will dig deep into the ways that later generations reshaped the narrative of the medieval years and perpetuated the myths.
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Interesting, but centered on Britain
- By Ximena on 04-10-20
By: Dorsey Armstrong, and others
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Eight Dates
- Essential Conversations for a Lifetime of Love
- By: John Gottman PhD, Julie Schwartz Gottman PhD, Doug Abrams, and others
- Narrated by: James Patrick Cronin, Julie McKay
- Length: 5 hrs and 9 mins
- Unabridged
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Navigating the challenges of long-term commitment takes effort - and it just got simpler, with this empowering, step-by-step guide to communicating about the things that matter most to you and your partner. Drawing on 40 years of research from their world-famous Love Lab, Dr. John Gottman and Dr. Julie Schwartz Gottman invite couples on eight fun, easy, and profoundly rewarding dates, each one focused on a make-or-break issue: trust, conflict, sex, money, family, adventure, spirituality, and dreams.
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What the F. Robot-reader???!?!?!
- By Anonymous User on 01-21-20
By: John Gottman PhD, and others
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Ali in Me
- By: Mercury Studios, Treefort Media
- Narrated by: Lonnie Ali, John Ramsey
- Length: 3 hrs and 31 mins
- Original Recording
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Muhammad Ali, never afraid to express himself loudly and boldly, stays true to form in Ali in Me, an eight-part audio series that explores his life and legacy, guided by his own words through never-before-heard audio recordings. Hosted by Muhammad’s widow, Lonnie Ali, and his close friend, award-winning broadcaster John Ramsey, Ali in Me goes beyond the boxing ring to delve deeply into the extraordinary life and lasting contributions The Champ made to individuals around the world.
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Billy crystal
- By Anonymous User on 01-28-25
By: Mercury Studios, and others
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I Thought It Was Just Me (but it isn’t)
- Telling the Truth about Perfectionism, Inadequacy, and Power
- By: Brené Brown
- Narrated by: Lauren Fortgang
- Length: 10 hrs and 44 mins
- Unabridged
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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 ....
- By Leslie A Hill on 08-09-11
By: Brené Brown
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Caffeine
- How Caffeine Created the Modern World
- By: Michael Pollan
- Narrated by: Michael Pollan
- Length: 2 hrs and 2 mins
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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
- By Melody H on 02-02-20
By: Michael Pollan
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Hypocritical and one sided review of the state of the law.
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In present political climate crucially important!
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A ray of hope in a bleak time
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Another 3 star effort from Biskupic
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
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Deeper and denser but understandable
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Hypocritical and one sided review of the state of the law.
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In present political climate crucially important!
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The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck.
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A People's History of the Supreme Court
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Really enjoyed this book
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Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.
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Impeccably Logical, Backed by 100 Specific Example
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Chief Justice Rehnquist's engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall's dominance of the Court during the early 19th century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society.
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Absorbing
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The Words That Made Us
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In The Words That Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
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And the words that made Us
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The Brethren
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The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices - maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
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Active Liberty
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Between 1861 and 1865, the clash of the greatest armies the Western hemisphere had ever seen turned small towns, little-known streams, and obscure meadows in the American countryside into names we will always remember. In those great battles, those streams ran red with blood-and the United States was truly born.
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Excellent Series
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Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential.
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very intelligent and well written hate speech
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The Case Against the Supreme Court
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Both historically and in the present, the Supreme Court has largely been a failure. In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them.
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Splendid!
- By Butch on 05-19-23
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Memory and Authority
- The Uses of History in Constitutional Interpretation
- By: Jack M. Balkin
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- Unabridged
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Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.
By: Jack M. Balkin
What listeners say about Reading the Constitution
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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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- 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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- 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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- 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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- 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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- 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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- RANDALL S WALKER
- 06-30-24
great writing and reasoning
A real supreme court justice explaining how he does his job that reads like a New Yorker article written for future judges (or amateur lawyers like us.) Exactly what i wanted, "how to make sense out Supreme Court decisions?" Retired Justice Breyer reads his own book like a kindly college professor who genuinely wants every student to gain full comprehension. The examples are real, understandable and well-chosen. It's a method of rational dissection we wish legal experts would explain about important Supreme Court decisions that upset and confound us. If you are committed to understanding American politics this book is a must read and very readable.
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- Robert J. Pansegrau
- 04-11-24
Essential Read for Anyone Trying to Understand the Modern SCOTUS
I absolutely loved this book and I shared the “snail dilemma” with my Business Law course. It’s a timely book and is though provoking and provides an in-depth understanding of the pitfalls of Textualism and Originalism - well beyond one’s typical understanding, perhaps based more on the “political realities” of the matter. Breyer goes behind the scenes and explains how he decided cases, providing excellent insight. I only wish Breyer had been Chief Justice. Breyer is an American Treasure. I highly recommend this book.
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1 person found this helpful