Path to Liberty

Supreme Court, Precedent and the Constitution


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Stare decisis is the doctrine of precedent – that a court should rule the way a previous court did – even when the judges of the second court disagree with the earlier. Is there a way to apply this doctrine without putting the precedent at a higher standing than the Constitution itself?
Path to Liberty: September 21, 2020
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State of the Nullification Movement Report
Barnett: Stare Decisis for Originalist Judges
Supreme Court as a Legislature: A Dissent
Federalist 78
Federalist 81
Wurman: Stare Decisis in an Originalist Theory of Law
Berger: Government by Judiciary
Bigger Problem Underlies Supreme Court Fight
The Supreme Court Issues Opinions, not Law
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