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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 views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances--an approach that will best demonstrate to the public that the Constitution continues to serve us well.--
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Making our democracy work: a judge's view
2010, Alfred A. Knopf
in English
- 1st ed.
0307269914 9780307269911
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Book Details
Table of Contents
Judicial review : the democratic anomaly
Establishing judicial review : Marbury v. Madison
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.
Edition Notes
Includes bibliographical references and index.
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October 21, 2010 | Created by ImportBot | initial import |