Reading the Constitution: Why I Chose Pragmatism, Not Textualism by Stephen Breyer

A few weeks ago I was listening to Late Night with Stephen Colbert and heard retired Supreme Court Justice Stephen Breyer interviewed. He was talking about his latest book, Reading the Constitution – Why I chose Pragmatism, Not Textualism, which sounded interesting. Before you roll your eyes 🙄, let me explain. The book addresses what Justice Breyer considers a critical matter for the Supreme Court. That is, when interpreting laws and the Constitution itself, should the Supreme Court look solely at the text of the law or the Constitutional provision, or should it consider in addition to the text Congress’s purpose in enacting the law or the Founders’ intent, the impact of the interpretation, and practicality, among other factors.

Aside from causing flashbacks to law school, I found Reading the Constitution – Why I chose Pragmatism, Not Textualism a fascinating read. Justice Breyer tries to keep the discussion at an understandable level, although I must admit some of the First Amendment discussion is pretty technical. Regardless, I thought he made a compelling case for his purpose-driven approach to interpreting the laws of our land, rather than having to rely solely on the text in question and what the words meant at the time they were drafted. He makes it clear the Constitution sets forth the structure of our government in general terms, giving it the flexibility it needs to endure over time. He fears, however, that rigid text-based interpretations inhibit its ability to adapt to changing technologies and times, potentially reducing its relevance over time. Instead, he believes those interpreting the Constitution should focus on the values it enshrines, which are meant to be enduring.

Much like you would find in a legal brief, Justice Breyer covers both sides of the argument but leaves no doubt where he stands and where the Supreme Court should be headed. If you’d like to understand the issues, and have a better understanding of the judicial branch of government in general, I definitely recommend you give Reading the Constitution – Why I chose Pragmatism, Not Textualism a try. You can buy it on Amazon by clicking here.

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