In 2010 , Breyer published a second book , '' Making Our Democracy Work : A Judge 's View '' . There , Breyer argued that judges have six tools they can use to determine a legal provision 's proper meaning : ( 1 ) its text ; ( 2 ) its historical context ; ( 3 ) precedent ; ( 4 ) tradition ; ( 5 ) its purpose ; and ( 6 ) the consequences of potential interpretations . Textualists , like Scalia , only feel comfortable using the first four of these tools ; while pragmatists , like Breyer , believe that " purpose " and " consequences " are '' particularly '' important interpretative tools . Breyer cites several watershed moments in Supreme Court history to show why the consequences of a particular ruling should always be in a judge 's mind . He notes that President Jackson ignored the Court 's ruling in '' Worcester v. Georgia '' , which led to the Trail of Tears and severely weakened the Court 's authority . He also cites the '' Dred Scott '' decision , an important precursor to the American Civil War . When the Court ignores the consequences of its decisions , Breyer argues , it can lead to devastating and destabilizing outcomes . In 2015 , Breyer released a third book , '' The Court and the World : American Law and the New Global Realities '' , examining the interplay between U.S. and international law and how the realities of a globalized world need to be considered in U.S. cases
Trail of Tears
Trail of Tears
Stephen Breyer