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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- 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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Mythology: Mega Collection
- Classic Stories from the Greek, Celtic, Norse, Japanese, Hindu, Chinese, Mesopotamian and Egyptian Mythology
- By: Scott Lewis
- Narrated by: Madison Niederhauser, Oliver Hunt
- Length: 31 hrs and 37 mins
- Unabridged
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Do you know how many wives Zeus had? Or how the famous Trojan War was caused by one beautiful lady? Or how Thor got his hammer? Give your imagination a real treat. This Mega Mythology Collection of eight audiobooks is for you....
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An interesting set of introductions.
- By Kevin Potter on 05-30-19
By: Scott Lewis
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The Philosopher's Toolkit: How to Be the Most Rational Person in Any Room
- By: Patrick Grim, The Great Courses
- Narrated by: Patrick Grim
- Length: 12 hrs and 2 mins
- Original Recording
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Taught by award-winning Professor Patrick Grim of the State University of New York at Stony Brook, The Philosopher’s Toolkit: How to Be the Most Rational Person in Any Room arms you against the perils of bad thinking and supplies you with an arsenal of strategies to help you be more creative, logical, inventive, realistic, and rational in all aspects of your daily life.
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This should NOT be an audio book
- By Brooks Emerson on 03-21-20
By: Patrick Grim, and others
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My Big TOE: Awakening
- Book One of a Trilogy Unifying Philosophy, Physics, and Metaphysics
- By: Thomas Campbell
- Narrated by: Thomas Campbell
- Length: 11 hrs and 11 mins
- Unabridged
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My Big TOE: Awakening, written by a nuclear physicist in the language of contemporary culture, unifies science and philosophy, physics and metaphysics, mind and matter, purpose and meaning, the normal and the paranormal. The entirety of human experience (mind, body, and spirit) including both our objective and subjective worlds is brought together under one seamless scientific understanding.
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What a Trip (but to where?)
- By Michael on 11-26-13
By: Thomas Campbell
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A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes” - their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.
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Excellent overview of Suo. Ct. Purpose, position and how it actually works
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Active Liberty
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First published in September 2005 and based on a series of lectures delivered at Harvard, Active Liberty is a tight, extremely readable, almost memoir-like guide to interpreting the Constitution. Written by a justice of the Supreme Court, it focuses on a pragmatic approach to this great document that may become crucial as the Supreme Court faces deeply divisive decisions.
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Engaging, If Somewhat Dense
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A Republic, If You Can Keep It
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Justice Gorsuch draws on his 30-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law.
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In present political climate crucially important!
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The Court and the World
- American Law and the New Global Realities
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In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity - from the conduct of national security policy to the conduct of international trade - obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites, it has become clear that judicial awareness can no longer stop at the water's edge.
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Thought-provoking
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Over Ruled
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Over just the last few decades, laws in this nation have exploded in number; they are increasingly complex; and the punishments they carry are increasingly severe. Some of these laws come from our elected representatives, but many now come from agency officials largely insulated from democratic accountability. In Over Ruled, Neil Gorsuch and Janie Nitze explore these developments and the human toll so much law can carry for ordinary Americans.
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Outstanding
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By: Neil Gorsuch, and others
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A Matter of Interpretation
- Federal Courts and the Law
- By: Antonin Scalia, Amy Gutmann - editor foreword
- Narrated by: Christopher Grove
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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
- By Danilo Josue Cardona on 07-13-24
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The Authority of the Court and the Peril of Politics
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Excellent overview of Suo. Ct. Purpose, position and how it actually works
- By Georgia on 09-19-21
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Active Liberty
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First published in September 2005 and based on a series of lectures delivered at Harvard, Active Liberty is a tight, extremely readable, almost memoir-like guide to interpreting the Constitution. Written by a justice of the Supreme Court, it focuses on a pragmatic approach to this great document that may become crucial as the Supreme Court faces deeply divisive decisions.
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Engaging, If Somewhat Dense
- By Maki on 09-04-07
By: Stephen Breyer
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A Republic, If You Can Keep It
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- Length: 11 hrs and 52 mins
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Justice Gorsuch draws on his 30-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law.
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In present political climate crucially important!
- By Amazon Customer on 09-18-19
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The Court and the World
- American Law and the New Global Realities
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In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity - from the conduct of national security policy to the conduct of international trade - obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites, it has become clear that judicial awareness can no longer stop at the water's edge.
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Thought-provoking
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Over Ruled
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- Narrated by: Neil Gorsuch, Charles Constant
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Over just the last few decades, laws in this nation have exploded in number; they are increasingly complex; and the punishments they carry are increasingly severe. Some of these laws come from our elected representatives, but many now come from agency officials largely insulated from democratic accountability. In Over Ruled, Neil Gorsuch and Janie Nitze explore these developments and the human toll so much law can carry for ordinary Americans.
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Outstanding
- By Holmes on 08-08-24
By: Neil Gorsuch, and others
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A Matter of Interpretation
- Federal Courts and the Law
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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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Worse than Nothing
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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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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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My Grandfather's Son
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Provocative, inspiring, and unflinchingly honest, My Grandfather's Son is the story of one of America's most remarkable and controversial leaders, Supreme Court Justice Clarence Thomas, told in his own words.
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Wonderful read
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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!
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Law School for Everyone: Constitutional Law
- By: Eric Berger, The Great Courses
- Narrated by: Eric Berger
- Length: 6 hrs and 28 mins
- Original Recording
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Americans wage many of today’s fiercest policy debates and culture wars over constitutional meaning. It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the US. Here, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights.
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Read with this Neil Gorsuch!
- By Amazon Customer on 02-03-20
By: Eric Berger, and others
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The Originalism Trap
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- Narrated by: Madiba K. Dennie
- Length: 7 hrs and 21 mins
- Unabridged
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Lawyers don’t often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There's no one true way to interpret the Constitution. Americans saw just how subjective it can be when the Supreme Court denied basic bodily autonomy to millions of people in its Dobbs v. Jackson Women's Health Organization decision, suggesting that our rights and liberties are frozen in a cherry-picked version of history. This is a line of constitutional interpretation called originalism—a framework that says we must be constrained by the meaning of the Constitution's text when it was written.
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A ray of hope in a bleak time
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The Shadow Docket
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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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Where was Vladeck?
- By SorenKMiller on 05-25-23
By: Stephen Vladeck
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The Brethren
- Inside the Supreme Court
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- Unabridged
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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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Amazing
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By: Bob Woodward, and others
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Nine Black Robes
- Inside the Supreme Court's Drive to the Right and Its Historic Consequences
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CNN Senior Supreme Court Analyst Joan Biskupic provides an urgent and inside look at the history-making era in the Supreme Court during the Trump and post-Trump years, from its seismic shift to the Right to its controversial decisions, including its reversal of Roe v. Wade, based on access to all the key players.
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Another 3 star effort from Biskupic
- By Richard Spitaleri Jr. on 04-16-23
By: Joan Biskupic
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A People's History of the Supreme Court
- The Men and Women Whose Cases and Decisions Have Shaped Our Constitution
- By: Peter Irons, Howard Zinn - foreword
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A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.
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Really enjoyed this book
- By Paul on 02-19-20
By: Peter Irons, and others
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The Constitution and the Declaration of Independence
- A Pocket Constitution
- By: The Founding Fathers, Paul B. Skousen, Izzard Ink Publishing
- Narrated by: Mark Deakins
- Length: 2 hrs and 16 mins
- Unabridged
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This is the book you want to keep with you at all times: the full text of the Declaration of Independence and the Constitution, the two documents that are the backbone of United States government. Hearing them as they were written is a must for every American. Regular listening is required for any historian or member of the legal profession, and a good idea for all Americans.
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Not for fake Americans.
- By James C. Buckner on 06-29-20
By: The Founding Fathers, and others
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The American Constitution 101
- By: David L. Hudson
- Narrated by: David L. Hudson
- Length: 9 hrs and 46 mins
- Original Recording
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A captivating 24-lecture audio series on the US Constitution by award-winning law professor David L. Hudson Jr. Written more than 200 years ago, the Constitution remains the backbone of American government and an example of freedom and democracy the world over. Once called the “Miracle at Philadelphia,” it remains America’s vital governing force today. Your audio course will begin in the summer of 1787, as the Founding Fathers met to revise the Articles of Confederation, then explore the ratification process and James Madison’s championing of the Bill of Rights.
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The Content is worth the listen
- By Johnny on 03-19-20
By: David L. Hudson
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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- 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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- 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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