Showing results by author "Stephen Breyer" in All Categories

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.

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.

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.

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.

Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.

Stephen Breyer, Associate Justice of the United States Supreme Court, gives an insider's perspective on the court as an American institution today and its shaping of our future.