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Reading the Constitution: Why I Chose Pragmatism, Not Textualism Hardcover – March 26, 2024

by Stephen Breyer (Author)
#1 Best Seller in United States Judicial Branch
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A provocative, brilliant analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes the case for a better way to interpret 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 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.
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Previous page
  1. Print length
    368 pages
  2. Language
    English
  3. Publisher
    Simon & Schuster
  4. Publication date
    March 26, 2024
  5. Dimensions
    6.13 x 1.1 x 9.25 inches
  6. ISBN-10
    1668021536
  7. ISBN-13
    978-1668021538
  8. See all details
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Editorial Reviews

Review

“A rocket from a Supreme Court justice who served 28 years on the Court. Justice Breyer shows how the current Supreme Court's alleged textualism and originalism are unsound. His book is a judicial arms-control agreement advocating moderation and a path to what he calls ‘workable democracy.’ You will not read a more important legal work this election year.” -- Bob Woodward, Washington Post reporter and author of 15 #1 New York Times bestselling books

"A dissent for the ages." -- Ruth Marcus ― The Washington Post

“Breyer’s candor about the state of the court is refreshing and much needed.” -- Kimberly Atkins Stohr ― Boston Globe

“Breyer offers a cogent explanation of judicial reasoning, focusing particularly on the difference between textualism—now dominating the current Court—and pragmatism, which is his guiding principle. . . . A deeply informed analysis of judicial history.” ― Kirkus Reviews

About the Author

Stephen Breyer is a former associate justice of the Supreme Court who served there for twenty-eight years until retiring in 2022. He lives in Cambridge, Massachusetts.

Product details

  • Publisher ‏ : ‎ Simon & Schuster (March 26, 2024)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 368 pages
  • ISBN-10 ‏ : ‎ 1668021536
  • ISBN-13 ‏ : ‎ 978-1668021538
  • Item Weight ‏ : ‎ 1.17 pounds
  • Dimensions ‏ : ‎ 6.13 x 1.1 x 9.25 inches
  • Customer Reviews:

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Stephen Breyer

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Customer reviews

4.7 out of 5 stars
4.7 out of 5
113 global ratings
Beautifully and simply written
5 Stars
Beautifully and simply written
I have zero knowledge of law. The topic sounded important and interesting. The book did not disappoint. It is extremely interesting (I have not finished it yet though) and well-written without academic boredom. I think everyone should read this book just to understand the magnitude of the ambiguity and complexity that judges have to deal with. On a side note, the books title suggests as if this is all about the constitution. It is not 100% that (maybe 50%). It is more along the lines of gaining an understanding of what pragmatic interpretation of law vs literal interpretation is. And laymen like me, who used to think “of course law should be pragmatic” are shown in this book why the other side also has good arguments. Very well done!
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Top reviews from the United States

Samudra Dasgupta
5.0 out of 5 stars Beautifully and simply written
Reviewed in the United States on March 29, 2024
Verified Purchase
I have zero knowledge of law. The topic sounded important and interesting. The book did not disappoint. It is extremely interesting (I have not finished it yet though) and well-written without academic boredom. I think everyone should read this book just to understand the magnitude of the ambiguity and complexity that judges have to deal with. On a side note, the books title suggests as if this is all about the constitution. It is not 100% that (maybe 50%). It is more along the lines of gaining an understanding of what pragmatic interpretation of law vs literal interpretation is. And laymen like me, who used to think “of course law should be pragmatic” are shown in this book why the other side also has good arguments. Very well done!
Customer image
Samudra Dasgupta
5.0 out of 5 stars Beautifully and simply written
Reviewed in the United States on March 29, 2024
I have zero knowledge of law. The topic sounded important and interesting. The book did not disappoint. It is extremely interesting (I have not finished it yet though) and well-written without academic boredom. I think everyone should read this book just to understand the magnitude of the ambiguity and complexity that judges have to deal with. On a side note, the books title suggests as if this is all about the constitution. It is not 100% that (maybe 50%). It is more along the lines of gaining an understanding of what pragmatic interpretation of law vs literal interpretation is. And laymen like me, who used to think “of course law should be pragmatic” are shown in this book why the other side also has good arguments. Very well done!
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41 people found this helpful
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5.0 out of 5 stars The Supreme Court In Crisis
Reviewed in the United States on April 4, 2024
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Interpreting the Constitution
Justice Breyer does an excellent job explaining the methods used in interpreting the US Constitution and why he prefers his method. I don’t believe that a Justice can make a decision that is not influenced by their personal values, worldview, and political philosophy. The book exposes a major weakness in our legal system. The weakness is that there is not an agreed-upon method in interpreting the US Constitution. That means there is no issue that is settled law regardless of past rulings. In the 20th century, political leaders were moderate either right or left of center. This weakness has become exacerbated in recent years by the political parties having become extremely conservative or liberal. This has led to the appointment of Justices with extreme political philosophies that have led to decisions based on the political philosophies of the majority. Justices have denied that their decisions are political but their decisions have told us otherwise. The public will continue to lose confidence in the court until moderate Justices are appointed or an agreed-upon method for interpreting the US Constitution is found.
7 people found this helpful
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Amazonian13
5.0 out of 5 stars A Most Important Book To Read Now
Reviewed in the United States on May 9, 2024
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For those who are concerned about how the Supreme Court has made, and works towards a final decision of a case then this is the book for them. Breyer takes to originalism and textualism in that it is a rather flawed way of coming to a decision, and based on history could be fashioned in a way that may even be a manner that many decisions are actually rationalized by certain judges to fit what they feel is "good," or how they might feel personally irrespective of the language of a statute or a Constitutional read. It is a book that must be carefully read, and not rushed through because his reasoning is very sound, and lengthy. For those interested in how the Supreme Court is working these days this book is a must read.
One person found this helpful
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Guy
4.0 out of 5 stars a learning experience
Reviewed in the United States on May 14, 2024
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Justice does a great job explaining the judicial process and the difficulty of an enduring Constitutional interpretation
We are fortunate that he took the to provide us with this detailed analyses.
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James E.
5.0 out of 5 stars Excellent discussion of why textualism and originalism cannot work
Reviewed in the United States on May 12, 2024
Verified Purchase
Clearly shows that the Constitution Founders never meant for "due process," etc., etc., to have a sharp line textual meaning. In essence people like Clarence Thomas and Antonin Scalia try to fabricate/find "the law" and totally miss the forest of Justice. A MUST read book.
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I. Beavis
5.0 out of 5 stars Every citizen needs to read this superb book
Reviewed in the United States on May 8, 2024
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If you really want to understand the danger of Originalists in SCOTUS, this is a must. Stephen Breyer writes in a easily understandable manner on some complex issues. If you want to understand the danger and stupidity of Originalists, this is a must read. We need more Stephen Breyers in the legal system
One person found this helpful
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Brian
3.0 out of 5 stars Reads like a textbook warning congressman
Reviewed in the United States on April 29, 2024
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Breyer’s contribution to American life through the Supreme Court arguments and decisions were consequential and legendary, unfortunately today the Court’s interpretations are just as subjective as his own only slanted the other way. In the future the Legislative branch will need to write specific, practical laws for America and not rely on the Judicial Branch to legislate from the bench. Textualism is an ineffective and risky way to govern as we have seen since his retirement.
One person found this helpful
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Jeremy Goodman
5.0 out of 5 stars Great Book
Reviewed in the United States on May 5, 2024
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Super interesting book. Shipped very quickly.
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