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Product Identifiers

PublisherSimon & Schuster

ISBN-101668021544

ISBN-139781668021545

eBay Product ID (ePID)23072095053

Product Key Features

Book TitleReading the Constitution : Why I Chose Pragmatism, Not Textualism

Number of Pages368 Pages

LanguageEnglish

Publication Year2025

TopicAmerican Government / Judicial Branch, Constitutional, Constitutions, United States / 21st Century

GenreLaw, Political Science, History

AuthorStephen Breyer

FormatTrade Paperback

Dimensions

Item Height1 in

Item Weight10.1 Oz

Item Length8.4 in

Item Width5.5 in

Additional Product Features

Intended AudienceTrade

ReviewsA rocket from a Supreme Court justice who served 28 years on the Court. Justice Breyer shows how the current Supreme Court's alleged textualism and originalism are unsound. His book is a judicial arms-control agreement advocating moderation and a path to what he calls 'workable democracy.' You will not read a more important legal work this election year.

Dewey Edition23

Dewey Decimal342.7302

SynopsisNew York Times Bestseller In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a more pragmatic approach of the Constitution. "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 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., Textualist justices 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 reminds us of Marshall's exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations. Reading the Constitution is a powerful argument for judicial pragmatism from one of our nation's most distinguished jurists.