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The Authority of the Court and the Peril of Politics
A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than "politicians in robes"?their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court's history, he suggests that the judiciary's hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, "no influence over either the sword or the purse," the Court earned its authority by making decisions that have, over time, increased the public's trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the public's trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Stephen Breyer (Author), Jim Seybert (Narrator)
Audiobook
The Court and the World: American Law and the New Global Realities
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private-from the conduct of national security policy to the conduct of international trade-obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension-how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law-and, by extension, the advancement of American interests and values-depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike. From the Hardcover edition.
Stephen Breyer (Author), Stephen Breyer (Narrator)
Audiobook
Making Our Democracy Work: A Judge's View
Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America's highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach certain to be admired for years to come to interpreting the Constitution.
Justice Stephen Breyer, Stephen Breyer (Author), Luis Moreno (Narrator)
Audiobook
Active Liberty: Interpreting Our Democratic Constitution
A highly respected associate justice of the United States Supreme Court since 1994, Stephen Breyer delivers a lucid and persuasive declaration that 'active liberty''the participation of American citizens in the process of government'should be a guiding principle of our nation. In this exceedingly polarized time, with the high court facing some of its most controversial issues, Active Liberty is a refreshing reminder of the purpose of government and role of the American citizenry.
Justice Stephen Breyer, Stephen Breyer (Author), Justice Stephen Breyer, Stephen Breyer (Narrator)
Audiobook
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