On Point | Podcast cover image

Justice Breyer's ear notch test for our constitution

On Point | Podcast

CHAPTER

Interpreting the Constitution: Pragmatism Over Textualism

Justice Breyer discusses the limitations of textualism in interpreting the Constitution, using recent court cases as examples. The conversation explores the challenges of overturning past decisions, the importance of consistency in legal judgments, and the ongoing experiment of upholding democratic values within a changing society.

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