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
“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 purposes of 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.©2024 Stephen Breyer (P)2024 Simon & Schuster Audio
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- Narrated by: Patrick Stevens
- Length: 9 hrs and 12 mins
- Unabridged
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I have discovered a group of women who refuse to be exploited, are immune to manipulation, and who never settle in the name of love. These ladies know what they want and take what they want by beating men at their own game. Utilizing the secrets exposed in this book, these women gain power, money, and status. Men call them gold diggers, women call them hos, but they call themselves winners. This is the book that society doesn't want you to listen to….
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I spent $24,000 in 4 months
- By B.M. on 10-06-18
By: G. L. Lambert
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Caffeine
- How Caffeine Created the Modern World
- By: Michael Pollan
- Narrated by: Michael Pollan
- Length: 2 hrs and 2 mins
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Michael Pollan, known for his best-selling nonfiction audio, including The Omnivores Dilemma and How to Change Your Mind, conceived and wrote Caffeine: How Caffeine Created the Modern World as an Audible Original. In this controversial and exciting listen, Pollan explores caffeine’s power as the most-used drug in the world - and the only one we give to children (in soda pop) as a treat.
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Leaves much to be desired
- By Melody H on 02-02-20
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The Autobiography of Malcolm X
- As Told to Alex Haley
- By: Malcolm X, Alex Haley
- Narrated by: Laurence Fishburne
- Length: 16 hrs and 52 mins
- Unabridged
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Experience a bold take on this classic autobiography as it’s performed by Oscar-nominated Laurence Fishburne. In this searing classic autobiography, originally published in 1965, Malcolm X, the Muslim leader, firebrand, and Black empowerment activist, tells the extraordinary story of his life and the growth of the Human Rights movement. His fascinating perspective on the lies and limitations of the American dream and the inherent racism in a society that denies its non-White citizens the opportunity to dream, gives extraordinary insight into the most urgent issues of our own time.
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it's Nearly perfect
- By Kerry on 09-16-20
By: Malcolm X, and others
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Mythology: Mega Collection
- Classic Stories from the Greek, Celtic, Norse, Japanese, Hindu, Chinese, Mesopotamian and Egyptian Mythology
- By: Scott Lewis
- Narrated by: Madison Niederhauser, Oliver Hunt
- Length: 31 hrs and 37 mins
- Unabridged
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Do you know how many wives Zeus had? Or how the famous Trojan War was caused by one beautiful lady? Or how Thor got his hammer? Give your imagination a real treat. This Mega Mythology Collection of eight audiobooks is for you....
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An interesting set of introductions.
- By Kevin Potter on 05-30-19
By: Scott Lewis
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Eight Dates
- Essential Conversations for a Lifetime of Love
- By: John Gottman PhD, Julie Schwartz Gottman PhD, Doug Abrams, and others
- Narrated by: James Patrick Cronin, Julie McKay
- Length: 5 hrs and 9 mins
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Navigating the challenges of long-term commitment takes effort - and it just got simpler, with this empowering, step-by-step guide to communicating about the things that matter most to you and your partner. Drawing on 40 years of research from their world-famous Love Lab, Dr. John Gottman and Dr. Julie Schwartz Gottman invite couples on eight fun, easy, and profoundly rewarding dates, each one focused on a make-or-break issue: trust, conflict, sex, money, family, adventure, spirituality, and dreams.
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What the F. Robot-reader???!?!?!
- By Anonymous User on 01-21-20
By: John Gottman PhD, and others
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In present political climate crucially important!
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In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity - from the conduct of national security policy to the conduct of international trade - obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites, it has become clear that judicial awareness can no longer stop at the water's edge.
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Thought-provoking
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A People's History of the Supreme Court
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Impeccably Logical, Backed by 100 Specific Example
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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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The Words That Made Us
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In The Words That Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
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And the words that made Us
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My Grandfather's Son
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The American Civil War
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Between 1861 and 1865, the clash of the greatest armies the Western hemisphere had ever seen turned small towns, little-known streams, and obscure meadows in the American countryside into names we will always remember. In those great battles, those streams ran red with blood-and the United States was truly born.
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Excellent Series
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The Bill of Rights Primer
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Many Americans reference the Bill of Rights, a document that represents many of the freedoms that define the United States. Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this succinct volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding.The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this audiobook is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so.
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At this length, basic; but at that, great
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Law School for Everyone: Constitutional Law
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Americans wage many of today’s fiercest policy debates and culture wars over constitutional meaning. It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the US. Here, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights.
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Read with this Neil Gorsuch!
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The Supreme Court
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Chief Justice Rehnquist's engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall's dominance of the Court during the early 19th century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society.
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Absorbing
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What listeners say about Reading the Constitution
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- Richard Manning
- 04-17-24
A reflection of current times
This is a monumental book that clearly defines the current times and should be read by every citizen who values the concepts put forward by the Constitution and the founding fathers. It was written so that every American can understand the meaning of the Constitution without being a lawyer or a student of law.
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- Bruce Foster
- 04-13-24
Masterful
This work is one that shows both a deep understanding of jurisprudence and of the English language.
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- crafty-sue
- 04-10-24
Thoroughly engaging book.
Never a dull moment. Wisely edited with a noted nod to the editors. The flow is natural. It felt like a condensed Constitution course without getting preachy. Very pragmatic ;)
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- mak
- 05-03-24
Everyone should listen to this to understand better what is happening with the court. So helpful for context!
I thought the historical aspect was so very valuable. And the explanation of the differing philosophies was simple and easy to understand. helped so very much to understand some of what feels like chaos when watching the news. Taking the time to walk thru case examples was great learning reenforcement. Lastly, we should all realize how critical our votes are as it relates to this most important aspect of our government.
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- Michael
- 05-03-24
Interesting yet unconvincing
I really liked the book and enjoyed the many examples. Nevertheless, I was not convinced that “pragmatism” is significantly superior to “textualism”. Both systems are subject to bias, cherry picking, and over generalization. Both systems seem equally problematic.
The narration was quite laidback (I listened at 1.5) but excellent.
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- MW
- 06-20-24
Essential reading for everyone interested in democracy and the Constitution
Justice Breyer explains his methodlogy for deciding cases before the Supreme Court, a methodology that uses many sources to arrive at a decision and he rejects the reliance on or use of textualism or originalism alone to decide cases. He uses examples to explain the problems that reliance solely on the text of a statute or constitutional provision, or on what is thought to be the “orignal” meaning of the words. His methods are focused on assuring that the Constitution works today and in the future - it was designed to last through the ages. He is a wonderful reader, and this book is easily understandable by lay readers.
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- K1a55
- 06-15-24
An eloquent argument
Justice Breyer develops an eloquent argument in support of a pragmatic approach to justice and against textualism. This is an excellent treatise on the subject.
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- Bill Dauster
- 05-09-24
An Argument for Pragmatism
The thoughtful former Justice argues against relying solely on textualism and originalism, but instead argues for also using statutory purpose, legislative history, precedent, and workability. Justice Breyer illustrates his points by discussing individual cases. In explicating his pragmatic, sometimes apparently instinctual decision making, Justice Breyer also sometimes demonstrates the inconsistency of his method, as when he discusses the two cases addressing display of the Ten Commandments.
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- RANDALL S WALKER
- 06-30-24
great writing and reasoning
A real supreme court justice explaining how he does his job that reads like a New Yorker article written for future judges (or amateur lawyers like us.) Exactly what i wanted, "how to make sense out Supreme Court decisions?" Retired Justice Breyer reads his own book like a kindly college professor who genuinely wants every student to gain full comprehension. The examples are real, understandable and well-chosen. It's a method of rational dissection we wish legal experts would explain about important Supreme Court decisions that upset and confound us. If you are committed to understanding American politics this book is a must read and very readable.
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- Robert J. Pansegrau
- 04-11-24
Essential Read for Anyone Trying to Understand the Modern SCOTUS
I absolutely loved this book and I shared the “snail dilemma” with my Business Law course. It’s a timely book and is though provoking and provides an in-depth understanding of the pitfalls of Textualism and Originalism - well beyond one’s typical understanding, perhaps based more on the “political realities” of the matter. Breyer goes behind the scenes and explains how he decided cases, providing excellent insight. I only wish Breyer had been Chief Justice. Breyer is an American Treasure. I highly recommend this book.
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1 person found this helpful