Details
- Offers a unique insight into the history and work of the United States Supreme Court, one of the most powerful and controversial judicial bodies in the world
- Accessible to readers without specialist knowledge of the American legal system or constitutional law, ideal as introductory reading for students of any discipline looking to understand the American court
- Sets out the circumstances of some of the Court's most famous and divisive cases, offering a judge's view on key moments in American legal and political history
- Restates Justice Breyer's views on the role of a constitutional court in interpreting a democratic constitution, an essential reference point for all working on comparative constitutional court
The American Supreme Court is one of the most powerful and controversial judicial bodies in the world. The Court has assumed the role of settling fundamental issues of American social policy through its power of constitutional interpretation, and its rulings are among the most divisive, and controversial events in American political life.
How did the American court come to acquire such power? How does it maintain its authority and public confidence in the face of deep political divides. In this book Stephen Breyer, a leading intellect in the current Court, gives an insider's view on how America's Supreme Court came to acquire such a prominent role in American public life, how the Court operates, and how it can continue to maintain the trust of the American public as the final arbiter of the values underlying America's democratic constitution.
Breyer introduces the history of the Court by telling the stories of the landmark cases that defined the role the Court would play in American politics. He then offers a powerful restatement of his views on how a constitutional court should fulfil its function as final interpreter of a democratic constitution. In doing so, he examines some of the Court's most controversial recent decisions, on issues such as the legality of detention in Guantanamo Bay, and the scope of protection of gun ownership in Heller.
The book offers a unique introduction to how the American Supreme Court does and should operate, invaluable to all students of American law and politics, and anyone looking to understand the workings of American politics.
1: Introduction
2: Hotspur's Question
3: Marbury versus Madison
4: The Cherokees
5: Dred Scott
6: Little Rock
7: A Fourth Case
8: Interpreting the Law
9: Congress: Statutes and Purposes
10: The Executive Branch: Administration and Comparative Expertise
11: The States: Federalism and Subsidiarity
12: Other Federal Courts: Specialization
13: Past Courts: Stability
14: Individual Liberty: Values and Proportionality
15: The President: National Security and Accountability: Korematsu
16: The President: Guantanamo and a Tug on the String
Epilogue
Stephen Breyer, Associate Justice of the Supreme Court of the United States
Stephen Breyer took his seat on the U.S. Supreme Court in 1994. He is the author of Active Liberty: Interpreting Our Democratic Constitution (OUP/Knopf 2005)
"The author, Stephen Breyer - an Associate Justice of the Supreme Court - offers the authoritative comment of the indisputably knowledgeable insider, Reading through the text certainly increased our understanding, not only of the workings of the American Supreme Court, but of American politics and political history as well." - Phillip Taylor MBE, Richmond Green Chambers
