The Authority of the Court and the Peril of Politics
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The Authority of the Court and the Peril of Politics
Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?
Americans increasingly believe the Supreme Court is a political body in disguise. But Justice Stephen Breyer disagrees. Arguing that judges are committed to their oath to do impartial justice, Breyer aims to restore trust in the Court. In the absence of that trust, he warns, the Court will lose its authority, imperiling our constitutional system.
A sitting justice reflects upon the authority of the Supreme Court—how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it.
A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than "politicians in robes"—their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.
Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court's history, he suggests that the judiciary's hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, "no influence over either the sword or the purse," the Court earned its authority by making decisions that have, over time, increased the public's trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity.
Breyer warns that political intervention could itself further erode public trust. Without the public's trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?
The Authority of the Court and the Peril of Politics by Stephen Breyer receives praise for its profound insights into judicial power, the rule of law, and the judiciary's role in American governance. Garner appreciates its brevity and readability, Biskupic highlights its historical perspective on court reform, and Kirkus Reviews notes Breyer's defence of judicial impartiality. Marx describes it as a concise plea for understanding the judiciary's importance.
Book Details
INFORMATION
ISBN: 9780674269361
Publisher: Harvard University Press
Format: Hardback
Date Published: 14 September 2021
Country: United States
Imprint: Harvard University Press
Illustration: 2 illus.
Audience: Professional and scholarly
DIMENSIONS
Spine width: 15.0mm
Weight: 249g
Pages: 128
Collections
About the Author
Stephen Breyer was an Associate Justice of the Supreme Court of the United States from 1994 to 2022. He is now Byrne Professor of Administrative Law and Process at Harvard Law School.
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