Speaking out without talking down, Breyer renders a signal service to his fellow citizens.
For the general reader, a sitting Justice explains how the Supreme Court won the public trust and what it must do to keep it.
Employing a succession of cases from Marbury v. Madison to Bush v. Gore, Breyer (Active Liberty: Interpreting Our Democratic Constitution, 2005) offers a short, highly accessible course on the evolution of judicial review, the doctrine permitting the Court to invalidate laws conflicting with the Constitution. Although history and tradition explain how the Court’s decisions and interpretations have earned deference from public officials and acceptance from the citizenry, preserving that hard-won, critical role in our democracy, the author insists, requires the Court to issue decisions that ensure the Constitution works in practice. Rejecting originalism, political or subjective preferences, he argues for a pragmatic interpretation of the Constitution that looks first to the purposes and consequences of the law and relies on strength of reasoning for persuasion. Applying an 18th-century document to the unanticipated controversies of the modern nation or divining the meaning of frequently incomplete or silent statutes is rarely simple. The merits of any single case aside, the Court must also take into account a variety of legal doctrines, properly respect the expertise and prerogatives of the other governmental branches and avoid insult to state and inferior U.S. courts in our federal system, all in the service of forging decisions acceptable to the country. In a passage on the Court’s special province, protecting individual rights, Breyer takes us through a judge’s thinking—how he identifies the enduring value in a constitutional provision and applies it to particular facts. The author concludes with a comparison of the infamous Korematsu decision approving the internment of Japanese Americans during World War II with the four recent Guantánamo cases, in which the Court adopted a more workable approach, even during a time of serious national threat, to protect constitutional values.
Speaking out without talking down, Breyer renders a signal service to his fellow citizens.Pub Date: Sept. 14, 2010
ISBN: 978-0-307-26991-1
Page Count: 288
Publisher: Knopf
Review Posted Online: June 15, 2010
Kirkus Reviews Issue: July 1, 2010
BOOK REVIEW
BOOK REVIEW
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...
A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.
Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.Pub Date: Jan. 19, 2016
ISBN: 978-0-8129-8840-6
Page Count: 248
Publisher: Random House
Review Posted Online: Sept. 29, 2015
Kirkus Reviews Issue: Oct. 15, 2015
PERSPECTIVES
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