Making our democracy work a judge's view
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...
| Main Author: | Breyer, Stephen G., 1938- |
|---|---|
| Format: | Books Print Book |
| Language: | English |
| Published: |
New York :
Alfred A. Knopf,
2010.
|
| Edition: | 1st ed. |
| Subjects: |
Table of Contents:
- Judicial review: the democratic anomaly
- Establishing judicial review
- The Cherokees
- Dred Scott
- Little Rock
- A present-day example
- The basic approach
- Congress, statutes, and purposes
- The executive branch, administrative action, and comparative expertise
- The states and federalism: decentralization and subsidiarity
- Other federal courts: specialization
- Past court decisions: stability
- Individual liberty: permanent values and proportionality
- The President, national security, and accountability: Korematsu
- Presidential power: Guantánamo and accountability.