Free Ebook BookMaking Our Democracy Work A Judge View

Free Download Making Our Democracy Work A Judge View

Free Download Making Our Democracy Work A Judge View

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Book Details :
Published on: 2010-09-14
Released on: 2010-09-14
Original language:

The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular What must the Court do to maintain the public’s faith How can the Court help make our democracy work These are the questions that Justice Stephen Breyer tackles in this groundbreaking book.Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution.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. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them.Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles.Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.From the Hardcover edition. Law firm and attorneys Johannesburg Mokoduo Attorneys Mokoduo Attorneys one of South Africas most established and respected law firms offering exceptional legal advice and guarantees maximum injury claims. Law firm ... Democracy Global Issues Democracy is an ideal many people have struggled for. Yet different forms of democracy attract different forms of corrupting influences and challenges. This article ... Democracy - Wikipedia Democracy (Greek: Dmokrata literally "rule of the commoners") in modern usage is a system of government in which the citizens exercise ... Rousseau: Social Contract: Book III - Constitution Society BOOK III. BEFORE speaking of the different forms of government let us try to fix the exact sense of the word which has not yet been very clearly explained. Books - NYU Press NYU Press NYU Press. View Cart; Checkout; Search. Search Close Making Our Fourth Amendment Right Real Mapp v. Ohio 1 Making Our Fourth Amendment Right Real Mapp v. Ohio A Lesson by Linda Weber SUMMARY After the Bill of Rights was ratified in 1791 it became the re- WHY WHAT WORKS WONT WORK ... - Wiley Online Library why what works wont work: evidence-based practice and the democratic deficit in educational research Texarkana Gazette Texarkana Breaking News The Texarkana Gazette is the premier source for local news and sports in Texarkana and the surrounding Arklatex areas. Issues The White House An America Built to Last. President Obama is working to build a country and an economy where we reward hard work value fairness and where everyone is held ... Home iCivics One Big Party? ** UPDATE ** In One Big Party students learn about the role of political parties in the United States and the influence parties have in our political ...
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