Reading the Constitution: Why I Chose Pragmatism, Not Textualism
This bookThe book "Reading the Constitution: Why I Chose Pragmatism, Not Textualism" was written by Stephen Breyer and it has 368 pages for you to enjoy.
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Synopsis, Summary or DescriptionNext Section
In "Reading the Constitution", Supreme Court Justice Stephen Breyer argues that judges should interpret the Constitution based on its purpose and the values it embodies, rather than on its original meaning. He believes that this approach is more likely to produce just and equitable results, and that it is more faithful to the framers' intent.
Breyer begins by discussing the different ways that judges can interpret the Constitution. He argues that textualism, which focuses on the original meaning of the Constitution's words, is too rigid and does not allow for the Constitution to adapt to changing circumstances. He also argues that purposivism, which focuses on the purpose of the Constitution, is too vague and can lead to judges imposing their own personal views on the law.
Breyer proposes a middle ground between textualism and purposivism. He argues that judges should interpret the Constitution based on its purpose, but that they should also take into account the original meaning of the words. He believes that this approach will produce results that are both faithful to the framers' intent and responsive to the needs of the present day.
Breyer then applies his approach to several controversial constitutional issues, including abortion, gun control, and campaign finance. He argues that his approach would produce more just and equitable results in these cases than either textualism or purposivism.
"Reading the Constitution" is a thoughtful and provocative book that makes a strong case for a pragmatic approach to constitutional interpretation. Breyer's arguments are clear and persuasive, and he provides a wealth of evidence to support his claims. This book is essential reading for anyone who is interested in the Constitution and how it should be interpreted.
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| Title | Reading the Constitution: Why I Chose Pragmatism, Not Textualism |
| Author(s) | Stephen Breyer |
| ISBN | 9781668021538 1668021536 |
| Publisher | Simon & Schuster |
| Page Count | 368 pages |
| Publication Date | Monday, March 25, 2024 |
| Is it possible to read online? | Check here |
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Note to the Author Stephen Breyer
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