Making our democracy work
Subtitle: a judge's view
By: Stephen Breyer
Edition: 1st ed.
Publisher: Alfred A. Knopf
Published: 2010
Place of publication: New York
Language: eng
Number of pages: 270
ISBN-13: 9780307269911
Description: Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution's text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances--an approach that will best demonstrate to the public that the Constitution continues to serve us well.--
Notes: Includes bibliographical references and index.
Table of contents: title: Judicial review : the democratic anomaly; title: Establishing judicial review : Marbury v. Madison; title: The Cherokees; title: Dred Scott; title: Little Rock; title: A present-day example; title: The basic approach; title: Congress, statutes, and purposes; title: The executive branch, administrative action, and comparative expertise; title: The states and federalism : decentralization and subsidiarity; title: Other federal courts : specialization; title: Past court decisions : stability; title: Individual liberty : permanent values and proportionality; title: The President, national security, and accountability : Korematsu; title: Presidential power : Guantánamo and accountability.