making our democracy work a judge s view

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Making Our Democracy Work

Author : Stephen G. Breyer
ISBN : 9780307390837
Genre : Law
File Size : 67. 82 MB
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A Supreme Court justice outlines an accessible profile of the legislative branch's duties that explains its responsibility to safeguard the public while ensuring the cooperation of other government branches, sharing the stories behind key historical decisions. By the author of Active Liberty. Reprint. A best-selling book.

The Court And The World

Author : Stephen Breyer
ISBN : 9781101912072
Genre : Law
File Size : 57. 61 MB
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"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."--Publisher's description.

Active Liberty

Author : Stephen Breyer
ISBN : 0307424618
Genre : Political Science
File Size : 73. 51 MB
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A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts. From the Trade Paperback edition.

America S Supreme Court

Author : Stephen Breyer
ISBN : 9780199606733
Genre : Law
File Size : 23. 1 MB
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"Published in the US under the title Making our democracy work"--T.p. verso.

A History Of The Supreme Court

Author : Bernard Schwartz
ISBN : 0195093879
Genre : History
File Size : 28. 72 MB
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A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

The Imperial Presidency

Author : Arthur Meier Schlesinger
ISBN : 0618420010
Genre : History
File Size : 59. 26 MB
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The presidential historian charts the progression of American power from George Washington to George W. Bush, revealing the exercise of power through the office as it has developed into an "imperial" seat of authority, in an updated edition of the classic history. Reprint.

The Judge In A Democracy

Author : Aharon Barak
ISBN : 9781400827046
Genre : Law
File Size : 48. 76 MB
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Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

Real Democracy

Author : Frank M. Bryan
ISBN : 0226077985
Genre : Political Science
File Size : 85. 81 MB
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Relying on an astounding collection of more than three decades of firsthand research, Frank M. Bryan examines one of the purest forms of American democracy, the New England town meeting. At these meetings, usually held once a year, all eligible citizens of the town may become legislators; they meet in face-to-face assemblies, debate the issues on the agenda, and vote on them. And although these meetings are natural laboratories for democracy, very few scholars have systematically investigated them. A nationally recognized expert on this topic, Bryan has now done just that. Studying 1,500 town meetings in his home state of Vermont, he and his students recorded a staggering amount of data about them—238,603 acts of participation by 63,140 citizens in 210 different towns. Drawing on this evidence as well as on evocative "witness" accounts—from casual observers to no lesser a light than Aleksandr Solzhenitsyn—Bryan paints a vivid picture of how real democracy works. Among the many fascinating questions he explores: why attendance varies sharply with town size, how citizens resolve conflicts in open forums, and how men and women behave differently in town meetings. In the end, Bryan interprets this brand of local government to find evidence for its considerable staying power as the most authentic and meaningful form of direct democracy. Giving us a rare glimpse into how democracy works in the real world, Bryan presents here an unorthodox and definitive book on this most cherished of American institutions.

A Matter Of Interpretation Federal Courts And The Law

Author : Antonin Scalia
ISBN : 9781400882953
Genre : Law
File Size : 75. 90 MB
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

We The Jury

Author : Jeffrey B. Abramson
ISBN : 0674004302
Genre : Law
File Size : 82. 6 MB
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This magisterial book explores fascinating cases from American history to show how juries remain the heart of our system of criminal justice - and an essential element of our democracy. No other institution of government rivals the jury in placing power so directly in the hands of citizens. Jeffrey Abramson draws upon his own background as both a lawyer and a political theorist to capture the full democratic drama that is the jury. We, the Jury is a rare work of scholarship that brings the history of the jury alive and shows the origins of many of today's dilemmas surrounding juries and justice.

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