Ocean State Libraries

As the Supreme Court continues to rule on important issues, it is essential to understand how it operates. Based on exclusive interviews with the justices themselves and other insiders, this is a timely "state of the union" about America's most elite legal institution. From Anthony Kennedy's self-importance, to Antonin Scalia's combativeness, to David Souter's eccentricity, and even Sandra Day O'Connor's fateful breach with President George W. Bush,...

Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution's text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances--an approach...

"On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans: Justices Ruth Bader...

Discusses the case Marbury v. Madison in which the idea of judicial review became part of the federal government's system of checks and balances.

Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday...