First published 2010
Justice Stephen Breyer confronts a fundamental puzzle about American democracy. Nine unelected justices possess the power to overturn laws passed by elected representatives, yet the public generally accepts and follows their rulings. Breyer argues this acceptance cannot be taken for granted. He examines historical moments when Court decisions faced defiance or were ignored, analyzing cases involving Cherokee Indians, slavery, and Brown v. Board of Education to trace how the Court established its authority as constitutional guardian. Breyer rejects approaches that focus solely on constitutional text or eighteenth-century framers' intentions. Instead, he champions a practical method that applies enduring constitutional values to contemporary challenges. He emphasizes that the Court must respect other democratic institutions like Congress, the presidency, and state governments, building cooperative relationships rather than operating in isolation. Through comparisons of recent Guantánamo Bay detainee cases with World War II Japanese-American internment decisions, Breyer demonstrates how the Court can promote functional governance while upholding constitutional principles.
Genres: history, political-science, politics, non-fiction, biography-memoir, law, academic, american-history
Vibes: thought-provoking
Tropes: non-fiction
288 pages · Hardcover · Knopf