))
Justice Stephen Breyer: Reading the Constitution
Manage episode 416025979 series 2915265
内容由Commonwealth Club of California提供。所有播客内容（包括剧集、图形和播客描述）均由 Commonwealth Club of California 或其播客平台合作伙伴直接上传和提供。如果您认为有人在未经您许可的情况下使用您的受版权保护的作品，您可以按照此处概述的流程进行操作https://zh.player.fm/legal。
What is a textualist, and why does that judicial philosophy dominate the current U.S. Supreme Court?
Join us for a special online event as recently retired Supreme Court Justice Stephen Breyer gives us his provocative analysis that deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes his case for a better way to interpret the Constitution. 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 for our country.
Learn more about your ad choices. Visit megaphone.fm/adchoices
1865集单集
分享
