Making Our Democracy Work: A Judge's View

Justice Breyer (Active Liberty) looks at how the Supreme Court evolved historically and defined its role largely in relation to the willingness of the public to embrace its decisions. Readers may be surprised to learn that in many democracies, parliaments are not bound to accept decisions by their court; similarly, the U.S. Constitution doesn't give the Supreme Court final say. Breyer tells the story of President Jackson's grudging acceptance of a Court decision protecting the treaty rights of the Cherokee nation, only to seize their land using Federal troops. In the Dred Scott decision, the pro-slavery Court violated the right of Free states to outlaw slavery. And in Brown vs. the Kansas Board of Education, President Eisenhower used the Army to back up Court decisions against segregated education. Breyer discusses recent Court decisions in favor of rights for Guantanamo detainees and examines the limitations of a President's power as Commander-in-Chief, even in wartime, contrasting this to the failure of the Court, Congress, and President Roosevelt over internment camps during WWII. An accomplished writer, Justice Breyer's absorbing stories offer insight into how a democracy works, and sometimes fails. (Sept.)