The Authority of the Court and the Peril of Politics

If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity.

The Authority of the Court and the Peril of Politics

The Authority of the Court and the Peril of Politics

A sitting justice reflects upon the authority of the Supreme Court—how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes”—their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the public’s trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

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The Authority of the Court and the Peril of Politics
Language: en
Pages: 112
Authors: Stephen Breyer
Categories: Law
Type: BOOK - Published: 2021-09-14 - Publisher: Harvard University Press

A sitting justice reflects upon the authority of the Supreme Court—how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme
The Authority of the Court and the Peril of Politics
Language: en
Pages: 112
Authors: Stephen Breyer
Categories: History
Type: BOOK - Published: 2021-09-14 - Publisher: Harvard University Press

Americans increasingly believe the Supreme Court is a political body in disguise. But Justice Stephen Breyer disagrees. Arguing that judges are committed to their oath to do impartial justice, Breyer aims to restore trust in the Court. In the absence of that trust, he warns, the Court will lose its
Popular Government
Language: en
Pages: 283
Authors: William Howard Taft, William Taft
Categories: Political Science
Type: BOOK - Published: 1914 - Publisher: Transaction Publishers

The modern presidency is increasingly seen as in troubleby all sides of the political spectrum and by people of themost diverse political views. Understanding why this isthe case requires examining the basic principles of thepresidency itself, and there is no better place to start thanWilliam Howard Taft's Popular Government. His
Annals of the American Academy of Political and Social Science
Language: en
Pages:
Authors: William Howard Taft, William Taft
Categories: Political science
Type: BOOK - Published: 1934 - Publisher:

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The Constitution, Its Origin, Function and Authority
Language: en
Pages: 30
Authors: Theophilus Parsons
Categories: Constitutional law
Type: BOOK - Published: 1861 - Publisher:

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