
Reading the Constitution
Why I Chose Pragmatism, Not Textualism
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Narrated by:
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Stephen Breyer
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By:
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Stephen Breyer
About this listen
New York Times Bestseller
In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes the case for a more pragmatic approach of the Constitution.
“You will not read a more important legal work this election year.” —Bob Woodward, Washington Post reporter and author of fifteen #1 New York Times bestselling books
“A dissent for the ages.” —The Washington Post
“Breyer’s candor about the state of the court is refreshing and much needed.” —The Boston Globe
The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written.
This, however, is not Justice Breyer’s philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall’s exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations.
Most important in interpreting law, says Breyer, is to understand the statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation’s history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results.
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Story
Over just the last few decades, laws in this nation have exploded in number; they are increasingly complex; and the punishments they carry are increasingly severe. Some of these laws come from our elected representatives, but many now come from agency officials largely insulated from democratic accountability. In Over Ruled, Neil Gorsuch and Janie Nitze explore these developments and the human toll so much law can carry for ordinary Americans.
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Hypocritical and one sided review of the state of the law.
- By AP on 08-10-24
By: Neil Gorsuch, and others
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Memory and Authority
- The Uses of History in Constitutional Interpretation
- By: Jack M. Balkin
- Narrated by: Jonathan Todd Ross
- Length: 11 hrs and 1 min
- Unabridged
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Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.
By: Jack M. Balkin
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The Essential Scalia
- On the Constitution, the Courts, and the Rule of Law
- By: Antonin Scalia, Jeffrey S. Sutton - editor, Edward Whelan - editor, and others
- Narrated by: Christopher Scalia, Karen Commins, Jason Culp
- Length: 12 hrs and 7 mins
- Unabridged
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A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing listeners to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained.
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Great read to introduce Scalia's thought
- By Walter J. Caywood on 10-22-20
By: Antonin Scalia, and others
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Supreme Power
- Franklin Roosevelt vs. the Supreme Court
- By: Jeff Shesol
- Narrated by: Mel Foster
- Length: 23 hrs and 53 mins
- Unabridged
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Beginning in 1935, in a series of devastating decisions, the Supreme Court's conservative majority left much of Franklin Roosevelt's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices - and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.
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Excellent Book and Naration
- By Nostromo on 07-04-10
By: Jeff Shesol
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How to Read the Constitution - and Why
- By: Kim Wehle
- Narrated by: Kim Wehle
- Length: 9 hrs and 44 mins
- Unabridged
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The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution - and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense terms what is in the Constitution and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding.
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very biased
- By Anonymous User on 01-25-20
By: Kim Wehle
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The U.S. Supreme Court
- A Very Short Introduction
- By: Linda Greenhouse
- Narrated by: Dina Pearlman
- Length: 3 hrs and 36 mins
- Unabridged
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For thirty years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show listeners how the Supreme Court really works.
By: Linda Greenhouse
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The Shadow Docket
- How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic
- By: Stephen Vladeck
- Narrated by: Jonathan Todd Ross
- Length: 11 hrs and 17 mins
- Unabridged
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The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck.
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Where was Vladeck?
- By SorenKMiller on 05-25-23
By: Stephen Vladeck
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U.S. Constitution for Dummies
- 2nd Edition
- By: Dr. Michael Arnheim
- Narrated by: Dr. Michael Arnheim
- Length: 18 hrs and 40 mins
- Unabridged
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Want to make sense of the US Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents - and sparked ongoing debates along the way. You'll get the lowdown on all the big issues - from separation of church and state to impeachment to civil rights - that continue to affect Americans' daily lives. Plus, you'll find out about the different approaches to interpretation and how the document has changed over the past 200+ years.
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Much better than I anticipated.
- By JoEllen LeVitre on 08-30-20
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The Tools of Argument: How the Best Lawyers Think, Argue, and Win
- By: Joel P. Trachtman
- Narrated by: Ginger White
- Length: 6 hrs and 58 mins
- Unabridged
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Joel Trachtman's audiobook presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations, or yourself.
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Not bad
- By James M. on 04-13-19
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Talk to Me
- How to Ask Better Questions, Get Better Answers, and Interview Anyone like a Pro
- By: Dean Nelson
- Narrated by: Michael David Axtell
- Length: 10 hrs and 9 mins
- Unabridged
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From respected journalist, professor, and founder of the Writer's Symposium by the Sea, an audiobook that demystifies the art and science of interviewing, in the vein of On Writing Well or How to Read Literature like a Professor. Nelson walks listeners through each step of the journey from deciding whom to interview and structuring questions, to the nitty-gritty of how to use a recording device and effective note-taking strategies, to the ethical dilemmas of interviewing people you love (and loathe).
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Not just for journalist;great for Salespeople also
- By Eric D. Knowles on 03-28-19
By: Dean Nelson
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The Nine
- Inside the Secret World of the Supreme Court
- By: Jeffrey Toobin
- Narrated by: Don Leslie
- Length: 15 hrs and 50 mins
- Unabridged
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Based on exclusive interviews with justices themselves, The Nine tells the story of the Supreme Court through personalities, from Anthony Kennedy's overwhelming sense of self-importance to Clarence Thomas' well-tended grievances against his critics to David Souter's odd 19th century lifestyle. There is also, for the first time, the full behind-the-scenes story of Bush v. Gore and Sandra Day O'Connor's fateful breach with George W. Bush, the president she helped place in office.
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The Nine
- By Dc on 10-04-07
By: Jeffrey Toobin
A reflection of current times
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Essential reading for everyone interested in democracy and the Constitution
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An eloquent argument
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Everyone should listen to this to understand better what is happening with the court. So helpful for context!
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The narration was quite laidback (I listened at 1.5) but excellent.
Interesting yet unconvincing
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An Argument for Pragmatism
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great writing and reasoning
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Essential Read for Anyone Trying to Understand the Modern SCOTUS
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Why text alone misleads
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Understanding a Judge
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