"Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution's text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances -- an approach that will best demonstrate to the public that the Constitution continues to serve us well."--Book jacket.
Introduction -- Judicial review : the democratic anomaly -- Establishing judicial review : Marbury v. Madison -- The Cherokees -- Dred Scott -- Little Rock -- A present-day example -- The basic approach -- Congress, statutes, and purposes -- The executive branch, administrative action, and comparative expertise -- The States and Federalism : decentralization and subsidiarity -- Other Federal courts : specialization -- Past court decisions : stability -- Individual liberty : permanent values and proportionality -- The President, national security, and accountability : Korematsu -- Presidential power : Guantánamo and accountability -- Conclusion -- Appendix A : Images -- Appendix B : Background : the Court
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