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Making Our Democracy Work: A Judge's View
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Review
“A brave book. . . . Deeply thoughtful. . . . An argument for the ages. . . . A clarion call to future generations. . . . Breyer’s goal is for the system to work, to solve problems, to improve our national life.”—The New York Times Book Review“The most honest discussion of what a judge should do that you will ever find, all the more remarkable because it is written by a sitting Supreme Court justice.”—The Washington Post“Breyer’s thoughtful book draws readers into the court. . . . It extends his public ruminations with what are becoming his hallmarks: wisdom, modesty, incisiveness.”—Los Angeles Times “Vivid and full of surprising details. . . . Exemplifies an idealism about what is possible in a democratic citizenry, and an optimism about it, that is as impressive as it is rare on the Supreme Court. . . . Very admirable.”—The New Republic“A calm, reasoned book about how the Supreme Court should do its work and how, in history, it has sometimes failed the challenge. . . . A remarkable contribution to educating the public about our constitutional system.”—The New York Review of Books “A users’ guide to both the Constitution and the Supreme Court. . . . You will find perhaps the best five-page description ever produced of how the Supreme Court works.”—The Boston Globe “In terms of showing how U.S. Supreme Court justices grapple with important issues, Breyer has made a significant contribution. . . . A perfect book for the law school graduate who wants a refresher in constitutional law—from why the court assumes the power to strike down a statute to how the court can correct itself when it makes bad decisions.”—San Francisco Chronicle “A full account of [Breyer’s] judicial philosophy, one that allows the federal government wide latitude in addressing society’s problems.”—Jeffrey Toobin, The New Yorker “A great read. . . . At a moment in which most of us talk about the Constitution in tones of rage and betrayal, Breyer’s optimism, modesty, and scholarly passion are welcome change. Making Our Democracy Work is an invitation to a much more civilized and nuanced conversation about the relationship between Americans, their government, and their freedom.”—Slate “A multidimensional approach to dissecting constitutional questions.”—The Philadelphia Inquirer “Breyer tells us how the law works, and how it should work. . . . [Making Our Democracy Work] provides an understanding of the people who sit in judgment on our highest court, and what moves them.”—The Star-Ledger (Newark) “An accomplished writer, Justice Breyer’s absorbing stories offer insight into how a democracy works, and sometimes fails.”—Publishers Weekly (starred review)
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About the Author
Stephen Breyer is an associate justice of the United States Supreme Court. He is a resident of Cambridge, Massachusetts, and Washington, D.C.
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Product details
Paperback: 288 pages
Publisher: Vintage (September 13, 2011)
Language: English
ISBN-10: 0307390837
ISBN-13: 978-0307390837
Product Dimensions:
5.1 x 0.9 x 8 inches
Shipping Weight: 10.6 ounces (View shipping rates and policies)
Average Customer Review:
4.1 out of 5 stars
55 customer reviews
Amazon Best Sellers Rank:
#63,739 in Books (See Top 100 in Books)
I liked this book for many reasons, but two stand out. First, it is an interesting contextualization of the path our country has taken starting out from the basic "idea" of the role of the Supreme Court in the American political system as envisioned by the Founders, to the current manifestation of that role, replete with twists and turns along the way. Second, and very much in the intellectual spirit of his previous book (which I also really liked), it is a reminder that our government is only as good as we, its citizens, are: active, educated and engaged participants allow the engine to function as it should, with the Court serving in its role as, in Justice Breyer's words, the border patrol that makes sure nothing enacted by Congress violates the basic precepts forth by the framers. I enjoyed Justice Breyer's prose style and also found the individual cases he discusses, and his take on them, incredibly interesting in their own right. I would highly recommend this book to anyone, left right and center, who has a pulse and cares about our country ... how a series of ideas set forth a couple hundred years ago are being manifest in contemporary American society. An important book that I suspect history will look on kindly.
It was a fine read. Parts 1 and 2 were particularly illuminating, though part 3 was interesting as well. As someone who has read many of his judicial opinions and seen a number of his interviews, the gist of his interpretive principles were not news to me, but I had not seem him quite so explicitly reject the originalist and textualist philosophies before as he did in this book, nor explain his own views with quite as much clarity.Part 2 did help me understand, I think, why Breyer sometimes swings right on criminal cases. The bloc of Alito, Kennedy, Roberts, and Breyer can be found in a number of cases, like Maryland v. King (2012) and Melendez-Diaz v. Massachusetts (2009). In those cases, I think Breyer opposed applying the Constitution's procedural protections in ways he considered overly extreme that would burden the criminal justice system while not substantially advancing the real purposes of those procedural protections (no one is really all that offended by a cheek swab, and almost no one really needs to cross-examine the lab analyst). The other side would argue that the Constitution's protections for defendants are supreme, and not to be violated no matter how inconvenient it is for the criminal justice system to respect them. The former fits with the approach Breyer advocates in the book, even though it is harsher on defendants and thus more traditionally a "conservative" outcome.
First, I think it's important to state that I don't think Breyer wrote this book to promote a political point of view. Quite the opposite: he shows remarkable restraint and a willingness to try and explain fairly the basis for differing opinions held on important cases.His reason for writing this book was to educate U.S. citizens how government works and the principles that judges and justices try to follow in deciding cases. He explained his hope that, if we better understand these things, we'll have more confidence in our government and be actively interested in how our government works. Better citizens, in other words.I'd say that there is one subject that gets Breyer up on his soapbox: he firmly believes that the courts can produce the best results in support of a workable democracy by applying a practical consideration of legislative intent, values, subsidiarity, specialization, appropriate deference to expertise and several other concepts. He makes a pretty good case for this approach. Each additional layer of guiding principles, taken by itself, seems reasonable enough, but when he guides the reader through the balancing act that judges have to go through in selecting and applying the relevant principles in appropriate proportion to a particular case, it really gave me an appreciation for how difficult and complex this can be.I especially enjoyed his review of a number of landmark cases, including Marbury vs Madison, Dred Scott, Brown vs Board of Education, a couple of cases regarding Japanese internment during WWII and four cases involving Guantanamo detainees. Very informative.Breyer's writing style is clear, easy to follow, and a pleasure to read. I highly recommend this book.
A survey of controversial Supreme Court decisions written by a seated justice. It's good, it just seems like there's a number of books on this subject out there right now. Breyer's particular perspective is insightful, but not entirely revelatory. Still a good read.
...enjoyed reading as a non-lawyer. appreciate Justice Breyer being able to explain both sides of an issue. we need more of that from leaders and the media.
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