Making Our Democracy Work

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The Supreme Court plays a crucial role in interpreting the Constitution, wielding the power to invalidate laws passed by elected officials. This raises important questions about public acceptance of the Court's decisions, especially when they are unpopular. Justice Stephen Breyer explores these issues, emphasizing that public confidence in the Court is not guaranteed. He highlights historical instances where the Court's rulings were disregarded, using cases involving the Cherokee Indians, slavery, and Brown v. Board of Education to illustrate the Court's journey toward legitimacy. Breyer argues for a pragmatic approach to constitutional interpretation, one that adapts enduring values to contemporary circumstances, rather than strictly adhering to the text or the framers' 18th-century perspectives. He stresses the importance of the Court respecting the roles of other governmental entities—such as the president, Congress, and states—and fostering cooperative relationships with them. Additionally, Breyer contrasts recent decisions regarding Guantánamo Bay detainees with the internment of Japanese-Americans during World War II, demonstrating how the Court can uphold constitutional principles while promoting effective governance. This work combines historical insight with philosophical inquiry, presenting a fresh perspective on constitutional interpretation that will resonate with judges, lawyers, and scholars for years to come,