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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 view...

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Main Author: Breyer, Stephen G., 1938-
Format: Books Print Book
Language:English
Published: New York : Alfred A. Knopf, 2010.
Edition:1st ed.
Subjects:
Judicial review > United States.
Judicial review > United States > History.
Political questions and judicial power > United States.
Separation of powers > United States.
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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.

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