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The Authority of the Court and the Peril of Politics Breyer Stephen

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…

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Specifikacia The Authority of the Court and the Peril of Politics Breyer Stephen


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. As a result of this perceived crisis, and for the first time since the New Deal era, there is serious talk of court packing in the name of ideological balance.Justice Stephen Breyer sounds a cautionary note. Mindful of the Court's history, he suggests that the judiciary's hard-won

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