Making Our Democracy Work book. Statistics reveal that over the years, Breyer has been less willing than any of his fellow justices to overturn acts of Congress (a fact that belies the notion, peddled by conservative pundits, of liberal judges as legislators in robes, ruling the country by judicial whim). It’s my job.” This, for much of the last century, has stood as the purest (or at least the most pungent) distillation of “judicial restraint” — the idea that judges should, for better or worse, leave the business of governing to the people’s duly elected representatives. But Breyer declares that we cannot take the public’s confidence in the Court for granted. Our Constitution originally granted rights to white property-owning males— about 6% of adults. Sept. 14, 2010— -- In "Making Our Democracy Work: A Judge's View," U.S. Supreme Court Justice Stephen Breyer shares insights gained from his 16 years on the nation's highest court.
He acknowledges a tension, but no contradiction, between helping these institutions operate more effectively and curbing their constitutional excesses.Justice Stephen Breyer, appointed to the Supreme Court by President Clinton in 1994, is also a believer in restraint. Again, Breyer’s goal is for the system to work, to solve problems, to improve our national life.“If my fellow citizens want to go to hell,” Justice Oliver Wendell Holmes once wrote, “I will help them. While he is right to add that the habit “cannot be taken for granted,” it, and thus the court itself, has proved pretty durable.That spirit pervades Breyer’s provocative new book, “Making Our Democracy Work,” which portrays judges not as aloof, indifferent observers of the American experiment, but as essential partners in that project. Restraint, he writes repeatedly — and with increasing force — is essential if the least democratic branch is to maintain its legitimacy. “Making Our Democracy Work” does not ring forth with bold, rousing attestations. It also seems at odds with the independence of the judiciary. Here’s the hard reality: Arizona has a mixed record on democracy. Perhaps that is a good reason to discuss the institution I know best, the Supreme Court, and to ask why the public trusts that institution. Breyer adds that “when the court proceeds down a wrong track too long,” as it did, for example, in its battle with Franklin Roosevelt over the fate of the New Deal, “the public can become aware and react,” putting the rule of law at risk.So the court’s conservative ascendancy has a wide margin of error. The Constitution, as Justice Robert H. Jackson once observed, “contemplated a really effective government,” and Breyer’s book makes clear that judges, however modest or restrained, have an indispensable role in making it work.Still, as a pragmatist, Breyer must know that words like “recognize” and “respect” can be as elusive in their meaning and as inexact in their application as, say, “due process,” “equal protection” or any other such phrase in the Constitution.
In 1939, Chief Justice Charles Evans Hughes described the judicial branch as “a separate but not an independent arm of government.” “In the great enterprise of making democracy workable,” he argued, “we are all partners.” Breyer traces this view back even further, to the nation’s founding.
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