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120 Yale L. J. 1999 (2010-2011)
Making Our Democracy Work: The Yale Lectures

handle is hein.journals/ylr120 and id is 2009 raw text is: STEPHEN BREYER Making Our Democracy Work: The Yale Lectures This is a time when many Americans distrust our governmental institutions. 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. When I first was appointed to the Court, Justice Blackmun, my immediate predecessor, told me about two interesting features of the job. First, he said, you will find this an unusual assignment. Second, he said, ordinary Americans have an unquenchable thirst for knowledge about the Supreme Court. He told me, whenever I have an opportunity to explain to others what I do, particularly those who are not judges or lawyers, to take that opportunity. And that is what I shall try to do in these lectures. My reason for doing so is Justice Blackmun's reason. Unless the public understands the institution, it is unlikely to support it. And in a democracy public support for any public institution is necessary. Without it the institution may wither, perhaps die. Part of my job, then, is to explain what we do and why it is valuable for ordinary Americans. By doing so, perhaps I can help the public at least put in perspective their questions about the value to our democracy of an independent judiciary. I have organized my discussion through the use of two questions. The first, which I shall discuss this afternoon, focuses upon judicial review-the fact that the Court has the power to set aside as unconstitutional an act of Congress. Where did it come from? Why does the Court have it? These are very old questions, which have spawned a voluminous literature. But I shall rephrase these questions, emphasizing one aspect of the general problem: Why does the public do what the Court says? How has the Court earned the public's trust? AUTHOR. Associate Justice, United States Supreme Court. These lectures were delivered at the Yale Law School on February 15 and 16, 2010, and draw from Making Our Democracy Work: A Judge's View, published in 2010 by Alfred A. Knopf. 1999