
Pre-Owned Reading the Constitution: Why I Chose Pragmatism, Not Textualism (Paperback) 1668021544 9781668021545
Key item features
- New York TimesBestseller
In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes the case for a more pragmatic approach of the Constitution.
“You will not read a more important legal work this election year.” —Bob Woodward,Washington Postreporter and author of fifteen #1New York Timesbestselling 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 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 theDobbsandBruendecisions from 2022 that he argues were wrongly decided and have led to harmful results.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.“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.”"A dissent for the ages."“Breyer’s candor about the state of the court is refreshing and much needed.”“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.” - Breyer, Stephen
- ISBN: 9781668021545
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- Book formatPaperback
- Fiction/nonfictionFiction
- GenreLiterature & Fiction
- Publication dateJune, 2025
- Pages368
- Reading levelPreschool
- Free shipping
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- New York TimesBestseller
In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes the case for a more pragmatic approach of the Constitution.
“You will not read a more important legal work this election year.” —Bob Woodward,Washington Postreporter and author of fifteen #1New York Timesbestselling 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 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 theDobbsandBruendecisions from 2022 that he argues were wrongly decided and have led to harmful results.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.“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.”"A dissent for the ages."“Breyer’s candor about the state of the court is refreshing and much needed.”“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.” - Breyer, Stephen
- ISBN: 9781668021545
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Product image for illustration purposes only. The item you receive may vary from the image in minor ways, such as slight differences in appearance, color, and/or design. *Exceptions apply during holiday season, and on certain electronics, collectibles, and jewelry.
Pre-Owned: Like New
What is the Walmart Pre-Owned Program?
Walmart Pre-Owned allows you to find previously owned, well-cared-for items from Walmart’s trusted & performance-managed sellers. Shopping Pre-Owned allows you to bring home the best-quality picks at even lower prices, in addition to extending the life of an item & reducing waste. Find your favorites & shop a range of conditions in every category.
Why Walmart Pre-Owned?

Trusted sellers & quality items
Each Pre-Owned item listed comes from Walmart’s trusted performance-managed sellers, to ensure you get quality items.
Quality you can afford
Save even more on top brands & your most-loved items.

30-day free returns
Don’t love it? Most items offer a 30-day* free return policy, for added peace of mind.

Sustainability
Shopping Pre-Owned helps in extending the life of an item & reducing waste.
Product image for illustration purposes only. The item you receive may vary from the image in minor ways, such as slight differences in appearance, color, and/or design. *Exceptions apply during holiday season, and on certain electronics, collectibles, and jewelry.
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