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The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when th...more
Published September 14th 2010 by Knopf (first published January 1st 2010)
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When the judicial branch of our government – the only unelected portion – is attacked as being “activist”, I cannot help but think that the portion of the American electorate that thinks this is woefully unaware not just of how the judicial system works, but also lacking in a basic understanding of U.S. history. Fortunately, a book like this comes along – by long-serving Supreme Court Justice Breyer – that is brilliantly concise and readable. So much so, that it should be considered required rea...more
Feb 16, 2012John David rated it really liked it Shelves: political-science, politics, constitutional-law
Aimed at the non-specialist, Associate Justice Stephen Breyer's book does a good job at using some of the more important cases in the history of the Court to sketch his personal approach to the Constitution. He then discusses these cases in relation to how he formed his moderate, consequentialist, and pragmatic approach to interpreting the Constitution and various statutes.
Part I considers how the Constitution can ensure a workable democracy while at the same time maintaining its legitimizing po...more
Part I considers how the Constitution can ensure a workable democracy while at the same time maintaining its legitimizing po...more
Justice Breyer's book is definitely pitched to non-lawyers, which makes it hard for me (specialized in constitutional law in law school) to evaluate on its own merits -- his quickie summation of Marbury is one of the better ones I've read, but since I've read dozens, my eyes somewhat glaze over.
What makes the book interesting is that it's not just another attempt to explain the workings of the court to the general public; Breyer's sketching out a theory of how the court should decide cases in or...more
What makes the book interesting is that it's not just another attempt to explain the workings of the court to the general public; Breyer's sketching out a theory of how the court should decide cases in or...more
Sep 16, 2010Eric_W marked it as to-read
Fascinating interview with Terry Gross at http://www.npr.org/templates/transcri...
Sep 16, 2011Justin Lee rated it liked it
This book was interesting, but I'm not sure who it's meant for. Is it meant for those studying the Constitution or in law school? If so, this book is a bit watered down. Is it for people who have no inkling of what the judicial process is? If so, he's assuming a lot about the general public's knowledge or tolerance for philosophical ideas being extolled. This book meets somewhere in the middle.
I enjoyed Breyer's take on the role of the courts in US government and I enjoyed his descriptions of t...more
I enjoyed Breyer's take on the role of the courts in US government and I enjoyed his descriptions of t...more
This was a book of essays by Justice Breyer on a number of important Supreme Court cases. He chose as examples both good and bad cases as well as old and new cases. Breyer provides some good insights into how the court works and how decisions are arrived at. He is especially good at juxtaposing different cases. For example, in his chapter on Brown versus Board of Education, which he sees as a good case, he makes reference to an earlier case in which President Jackson ignored the Supreme Court an...more
Jan 17, 2011David Monroe rated it liked it
Breyer's six interpretive tools: text, history, tradition, precedent, the purpose of a statute, and the consequences of competing interpretations.
Dec 21, 2018Chris Branch rated it liked it
This book is filled with insights and arguments that are fascinating and relevant. The writing is clear, if a bit dry, as one might expect from an accomplished judge
Breyer begins with examples chosen to illustrate how the Supreme Court works, and how it is supposed to work. He makes the surprising point that it was far from clear in the early days of the country’s history that the court’s decisions would be followed by the other branches of government or by the public. He proceeds to make a good...more
Breyer begins with examples chosen to illustrate how the Supreme Court works, and how it is supposed to work. He makes the surprising point that it was far from clear in the early days of the country’s history that the court’s decisions would be followed by the other branches of government or by the public. He proceeds to make a good...more
Sep 04, 2018Robert D. Cornwall rated it really liked it
As I concluded reading this book, the Senate took up a nomination for the Supreme Court. While there is much politics surrounding the hearings and eventual vote, do we understand the true nature of the Court and the judiciary. As Justice Breyer notes in his conclusion, too many of my fellow citizens have little understanding of the American governmental system. That's unfortunate. This book, however, helps us understand the court, its evolution, its controversial rulings, and differing judicial...more
Jul 17, 2017Henrietta (H rated it really liked it · review of another edition
Personal morality might affect opinions of justices but they are mandated to rule on the text and meaning of the Constitution and acts of Congress. So proceedings of courts end up being debating contest that, at least on the surface, ignore morality in favor of fine points of argument. I am quite liberal but enjoyed hearing Scalia's arguments. We're not likely to see Justice this side of Heaven. Come Lord Jesus.
Easy to read, great insight into our system written by a wise Judge.
Non-Partisen, just good historical analysis of some landmark cases presented in an accessible fashion.
Jul 04, 2018Arjun Murti rated it it was amazing · review of another edition
great book...
...enjoyed reading as a non-lawyer. appreciate Justice Breyer being able to explain both sides of an issue. we need more of that from leaders and the media.
...enjoyed reading as a non-lawyer. appreciate Justice Breyer being able to explain both sides of an issue. we need more of that from leaders and the media.
Pretty discouraging. the court is going to be like all lawyers, parsing words and exhibiting forensic skills. Personal sense of justice may influence decisions but technical arguments will prevail.
Nov 07, 2010Wade rated it really liked it
I enjoyed Justice Breyer's overview of the role the Judicial branch plays in a successful democracy. In a society where decisions are made by the will of the people, there is potential for minority groups to be oppressed by the majority. When this happens, our values are undermined and the success of the union itself becomes compromised. American history is full of examples; slavery, Jim Crow segregation, Japanese internment, search and seizure laws, Indian affairs, etc.
Fortunately, “our syste...more
Fortunately, “our syste...more
Breyer makes a clear and well reasoned presentation for the role he sees for the US Supreme Court: a bulwark of Constitutional guarantees against the excesses of the legislative and executive branches. In particular, he's interested in the sociology of why the People of the United States have come to accept the judgment of the Supreme Court, even when its rulings seem to contradict their own desires. Toward this end, he studies some of the Supreme Court's worst decisions, when they allowed thems...more
Feb 08, 2016Raul added it · review of another edition
Justice Breyer argues for a nuanced approach to decision-making, which in interpreting the Constitution and interpreting federal statutes looks not at one but a number of different factors, namely 'history, traditions, precedent, purposes and related consequences.' He emphasizes the need to be practical, and the importance of having the Supreme Court 'complement' the other two branches of government, each having its own role. He points out that the Supreme Court's power of 'judicial review,' whe...more
Continuing to read several books, this one included. I know of only two Supreme Court Justices who wrie so well and openly. Stephen Breyer and Sandra Day O'Conner. Why the others don't believe that the American People either want or need to know how they think,how they perform their duties and who they are is beyond me. I haven't always agreed with Justice Breyer's decisions, but After reading. Much of his book, I think maybe he hasn't always been happy with his rulings.
One thing I keep coming b...more
One thing I keep coming b...more
I'll admit it, I didn't finish this one. I got about two-thirds of the way through it and feel a better man for having done as much.
Justice Breyer uses some of the seminal cases in Supreme Court history (Marbury v. Madison, the Cherokee Indians debacle, Plessy v. Ferguson, Brown v. Board of Ed, and others) to provide historical context his views of the role of the judicial branch in modern times: how to play nice with the other branches, how to stay relevant and connected to the culture, and the...more
Justice Breyer uses some of the seminal cases in Supreme Court history (Marbury v. Madison, the Cherokee Indians debacle, Plessy v. Ferguson, Brown v. Board of Ed, and others) to provide historical context his views of the role of the judicial branch in modern times: how to play nice with the other branches, how to stay relevant and connected to the culture, and the...more
This was an enjoyable book that I should have read BEFORE my first year of law school rather than after. For someone who has not taken law school classes, this book seems like a necessity to me. Otherwise, you would not know how the judicial process really works other than the sham explanation they give on television. However, the comments so far only relate to the first half of the book. The second half really gets into Breyer's ideology. His methods can be controversial, but I think he does a...more
I read this book about 9 months ago. But after Justice Breyer and his family was robbed last week, I pulled my book out and read through it again. I didn't read the book completely from cover-to-cover the second time around like I did the first time.
Justice Breyer is my favorite justice, because his legal ethics have always been so impeccable and beyond reproach. He's one of the few justices that proactively considers recusal on matters presumed to have a personal interest for him. That's impre...more
Justice Breyer is my favorite justice, because his legal ethics have always been so impeccable and beyond reproach. He's one of the few justices that proactively considers recusal on matters presumed to have a personal interest for him. That's impre...more
I had never read any book about the Supreme Court, so this was way outside my normal reading subjects. I did learn a number of things, but at some point the book didn't hold my interest. Probably as he moved through specific cases to make his points. It made me realize how complex the US government is, and how complex law is. The court, according to Breyer, is the arbiter of the constitution, enforcing the Constitution's limits (both curbing and maintaining American democracy), and defending the...more
Jul 02, 2015Maria rated it liked it Shelves: audio-books, politics, recommended-to-me, history, contemporary
The Supreme Court is one of the checks and balances provided in the Constitution. But is the least powerful of the three branches and over the 200+ years that it has operated it has ruled on cases that were ignored, cases that were wrong and ruled on unpopular cases and was obeyed. Breyer recounts the history of the court, and how the court comes up with its verdicts, with historic and modern examples.
Why I started this book: My brother recommended this book, and it was time to take it off my T...more
Why I started this book: My brother recommended this book, and it was time to take it off my T...more
Nov 05, 2010Doug rated it it was ok
Constitutional Law 101 for non-law people. About 80% of the book is a history of the Supreme Court and a walkthrough of some of its landmark decisions, and 20% is about his view of the role of a judge in our system of government and his process of deciding cases. I wish the numbers were reversed; there are hundreds of Con Law scholars who can talk about past cases, but only nine Supreme Court Justices, and it would have been more interesting to really have him articulate his perspectives more. I...more
Justice Breyer's book has several purposes, all of which it achieves nicely: explain the function of the Supreme Court; demonstrate its increasing authority over time; give examples of important cases regarding government power; dito for cases of individual rights; and all along explain his theory of judicial decision-making, which can be summarized as 'pragmatism'. This last point is actually the meaning of the book's title - responsible adjudication means, taking real-world, contemporary facto...more
Oct 06, 2011Real Supergirl rated it really liked it · review of another edition
In general this is a fascinating and readable book for someone who isn't a lawyer and who is often confused by the ins and outs of how the Supreme Court works - both now and historically. Justice Breyer walks us through some of the most important, pivotal cases in history in terms of determining the Court's role in American life. The most interesting chapters are definitely the first section, where he reviews Marbury v. Madison, The Cherokees v. Georgia, Dred Scott, Brown v. Board, and then the...more
Sep 15, 2015David Rubin rated it it was amazing · review of another edition
I strongly recommend this Justice Breyer's book on the Supreme Court and the American political system. The level of difficulty of the book creates a challenge for the lay (non-lawyer) reader, but I feel that, as citizens of this nation, we should challenge ourselves to understand these issues.
Justice Breyer provides us a historical glimpse of some of the most important cases in American judicial history and how these cases affect our lives today.
I think this is an important book for those inter...more
Justice Breyer provides us a historical glimpse of some of the most important cases in American judicial history and how these cases affect our lives today.
I think this is an important book for those inter...more
Oct 08, 2011Nelson Rosario rated it liked it
This was an excellent book that provides a succinct explanation of how the Supreme Court of the United States exists in society. Anyone that is interested in the Supreme Court of the United States should read this book.
Justice Breyer lays out how he believes the court should function so that people are willing to adhere to its decisions. He uses famous cases the court decided to illustrate the principles he puts forward and explain why he thinks the court did, or didn't, do the right thing.
The b...more
Justice Breyer lays out how he believes the court should function so that people are willing to adhere to its decisions. He uses famous cases the court decided to illustrate the principles he puts forward and explain why he thinks the court did, or didn't, do the right thing.
The b...more
Jan 21, 2011Tim Titolo rated it really liked it
Justice Stephen Breyer, appointed to the Supreme Court by President Clinton in 1994, is also a believer in restraint. Statistics reveal that over the years, Breyer has been less willing than any of his fellow justices to overturn acts of Congress (a fact that belies the notion, peddled by conservative pundits, of liberal judges as legislators in robes, ruling the country by judicial whim).
This book helps people understand Consititutional history. From Marbury versus Madison to Guantanamo, cases...more
This book helps people understand Consititutional history. From Marbury versus Madison to Guantanamo, cases...more
Feb 16, 2016Tom Sheffield rated it really liked it
This review has been hidden because it contains spoilers. To view it, click here.
Pretty good especially the first and last thirds, which stuck to examples of consequential Supreme Court cases and decisions. You absolutely respect the Court's ability to stand up for the minority no matter how unpopular the decision might be among the majority. And, you realize despite the Constitution that the SCOTUS horrendously let down and denied the citizenry of African and Japanese of their inalienable rights.
One can, however, not miss the fact that Justice Breyer was part of the minorit...more
One can, however, not miss the fact that Justice Breyer was part of the minorit...more
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Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by Democratic President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court.
Following a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well-known as a law professor and lecturer...more
Following a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well-known as a law professor and lecturer...more
“The Court has a special responsibility to ensure that the Constitution works in practice. While education, including the transmission of our civic values from one generation to the next, must play the major role in maintaining public confidence in the Court's decisions, the Court too must help maintain public acceptance of its own legitimacy. It can do this best by helping ensure that the Constitution remains 'workable' in a broad sense of the term. Specifically, it can and should interpret the Constitution in a way that works for the people of today.” — 3 likes
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“Democracy is a pathetic belief in the collective wisdom of individual ignorance. No one in this world, so far as I know—and I have researched the records for years, and employed agents to help me—has ever lost money by underestimating the intelligence of the great masses of the plain people. Nor has anyone ever lost public office thereby.”
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“Our great democracies still tend to think that a stupid man is more likely to be honest than a clever man, and our politicians take advantage of this prejudice by pretending to be even more stupid than nature made them.”
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