

Justice Breyer's ear notch test for our constitution
Apr 24, 2024
Former Supreme Court Justice Stephen Breyer challenges the dominance of textualism in judicial decisions, advocating for pragmatism. He discusses the importance of considering consequences, evolving societal values, and the need for a flexible constitution. The conversation explores the limitations of textualism, the role of judges in interpreting the Constitution, and the ongoing experiment of upholding democratic values in a changing society.
Chapters
Transcript
Episode notes
1 2 3 4 5 6
Introduction
00:00 • 2min
Interpreting Words Beyond their Literal Meaning
02:23 • 9min
Exploring Justice Stephen Breyer's Interpretive Approach and New Book
11:45 • 2min
Interpreting the Constitution: Textualism vs. Pragmatism
13:56 • 16min
The Significance of Vague Language in the Constitution and Adaptation
30:15 • 2min
Interpreting the Constitution: Pragmatism Over Textualism
31:58 • 17min