Add to ORKGFor some time, a scholarly debate has raged over whether a commitment to the original meaning of the Constitution allows for the doctrine of stare decisis, whereby courts defer to precedent simply because it is precedent. This Essay explains the range of theoretical possibilities for this seemingly incompatible duo, as put forth by originalism’s leading scholars, and situates these various theories on a continuum. The Essay ends with a preview of the difficulties and possibilities that follow from the various empirical answers regarding the relationship between stare decisis and the Constitution at the Founding
Despite endless literature urging that constitutional adjudication be severed from explorations into...
This chapter examines the relationship among three normative questions about American constitutional...
This chapter examines the relationship among three normative questions about American constitutional...
For some time, a scholarly debate has raged over whether a commitment to the original meaning of the...
For some time, a scholarly debate has raged over whether a commitment to the original meaning of the...
If we consider constitutional law as a practice, it is clear that both originalism and precedent pla...
Despite endless literature urging that constitutional adjudication be severed from explorations into...
This chapter examines the relationship among three normative questions about American constitutional...
This Article, a contribution to a symposium on constitutional foundations, maintains that an unappre...
If we consider constitutional law as a practice, it is clear that both originalism and precedent pla...
Part of Symposium: "Can Originalism be Reconciled with Precedent? A Symposium on Stare Decisis
This Article joins the growing debate about the relationship between stare decisis and the Constitut...
Almost everyone acknowledges that stare decisis should play a significant role when the Supreme Cour...
This Article joins the growing debate about the relationship between stare decisis and the Constitut...
The question whether stare decisis is compatible with originalism has occupied both originalists and...
Despite endless literature urging that constitutional adjudication be severed from explorations into...
This chapter examines the relationship among three normative questions about American constitutional...
This chapter examines the relationship among three normative questions about American constitutional...
For some time, a scholarly debate has raged over whether a commitment to the original meaning of the...
For some time, a scholarly debate has raged over whether a commitment to the original meaning of the...
If we consider constitutional law as a practice, it is clear that both originalism and precedent pla...
Despite endless literature urging that constitutional adjudication be severed from explorations into...
This chapter examines the relationship among three normative questions about American constitutional...
This Article, a contribution to a symposium on constitutional foundations, maintains that an unappre...
If we consider constitutional law as a practice, it is clear that both originalism and precedent pla...
Part of Symposium: "Can Originalism be Reconciled with Precedent? A Symposium on Stare Decisis
This Article joins the growing debate about the relationship between stare decisis and the Constitut...
Almost everyone acknowledges that stare decisis should play a significant role when the Supreme Cour...
This Article joins the growing debate about the relationship between stare decisis and the Constitut...
The question whether stare decisis is compatible with originalism has occupied both originalists and...
Despite endless literature urging that constitutional adjudication be severed from explorations into...
This chapter examines the relationship among three normative questions about American constitutional...
This chapter examines the relationship among three normative questions about American constitutional...