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Reading the Constitution: Why I Chose Pragmatism, not Textualism by Stephen Breyer is a book available to read on EtoBox.

What is Reading the Constitution: Why I Chose Pragmatism, not Textualism about?

A provocative, brilliant analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a better way to interpret the Constitution.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...

Author

Stephen Breyer

Publisher

Simon & Schuster

Published

2024

Language

EN