
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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A good and necessary book, BUT WHY THE BEEPS??!
- By aaron on 09-06-21
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Active Liberty
- Interpreting Our Democratic Constitution
- By: Stephen Breyer
- Narrated by: Stephen Breyer
- Length: 3 hrs and 35 mins
- Unabridged
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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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Over Ruled
- The Human Toll of Too Much Law
- By: Neil Gorsuch, Janie Nitze
- Narrated by: Neil Gorsuch, Charles Constant
- Length: 7 hrs and 28 mins
- Unabridged
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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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Hypocritical and one sided review of the state of the law.
- By AP on 08-10-24
By: Neil Gorsuch, and others
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Memory and Authority
- The Uses of History in Constitutional Interpretation
- By: Jack M. Balkin
- Narrated by: Jonathan Todd Ross
- Length: 11 hrs and 1 min
- 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
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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
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Enough
- By: Cassidy Hutchinson
- Narrated by: Cassidy Hutchinson
- Length: 11 hrs and 36 mins
- Unabridged
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Ever since a childhood visit to Washington, DC, Cassidy Hutchinson aspired to serve her country in government. Raised in a working-class family with a military background, she was the first in her immediate family to graduate from college. Despite having no ties to Washington, Hutchinson landed a vital position at the center of the Trump White House.
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Painful
- By Melissa C. on 09-28-23
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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 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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Oath and Honor
- A Memoir and a Warning
- By: Liz Cheney
- Narrated by: Liz Cheney
- Length: 12 hrs and 14 mins
- Unabridged
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In the aftermath of the 2020 presidential election, Donald Trump and many around him, including certain other elected Republican officials, intentionally breached their oath to the Constitution: they ignored the rulings of dozens of courts, plotted to overturn a lawful election, and provoked a violent attack on our Capitol.
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Most important book I've ever read.
- By James m Finamore jr on 12-07-23
By: Liz Cheney
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U.S. Constitution for Dummies
- 2nd Edition
- By: Dr. Michael Arnheim
- Narrated by: Dr. Michael Arnheim
- Length: 18 hrs and 40 mins
- Unabridged
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Want to make sense of the US Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents - and sparked ongoing debates along the way. You'll get the lowdown on all the big issues - from separation of church and state to impeachment to civil rights - that continue to affect Americans' daily lives. Plus, you'll find out about the different approaches to interpretation and how the document has changed over the past 200+ years.
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Much better than I anticipated.
- By JoEllen LeVitre on 08-30-20
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The Indispensable Right
- Free Speech in an Age of Rage
- By: Jonathan Turley
- Narrated by: Jonathan Turley
- Length: 14 hrs and 56 mins
- Unabridged
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Free speech is a human right, and the free expression of thought is at the very essence of being human. The United States was founded on this premise, and the First Amendment remains the single greatest constitutional commitment to the right of free expression in history. Yet there is a systemic effort to bar opposing viewpoints on subjects ranging from racial discrimination to police abuse, from climate change to gender equity. The Indispensable Right places the current attacks on free speech in their proper historical, legal, and political context.
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Great, remarkable history lesson, should you think we haven’t been through this thing before…in one form or another.
- By B. A. Whitehouse II on 08-04-24
By: Jonathan Turley
A reflection of current times
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Essential reading for everyone interested in democracy and the Constitution
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An eloquent argument
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Everyone should listen to this to understand better what is happening with the court. So helpful for context!
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The narration was quite laidback (I listened at 1.5) but excellent.
Interesting yet unconvincing
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An Argument for Pragmatism
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great writing and reasoning
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Essential Read for Anyone Trying to Understand the Modern SCOTUS
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Why text alone misleads
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Understanding a Judge
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