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Full-Text Articles in Jurisprudence
The Conflict Between Stare Decisis And Ov Erruling In Constitutional Adjudication, Steven J. Burton
The Conflict Between Stare Decisis And Ov Erruling In Constitutional Adjudication, Steven J. Burton
steven J. burton
This article argues that the Constitution constrains the Supreme Court's power to overrule its constitutional precedents. It bases this argument on the Fifth Amendment's Due Process Clause and the conjunction of Marbury v. Madison, Martin v. Hunter's Lessee, Cohens v. Virginia, and the "case or controversy" limit on federal court jurisdiction.
The Conflict Between Stare Decisis And Overruling In Constitutional Adjudication, Steven J. Burton
The Conflict Between Stare Decisis And Overruling In Constitutional Adjudication, Steven J. Burton
steven J. burton
There is a near-consensus among Supreme Court Justices and constitutional scholars that there is no significant law, and need not be a law, constraining the Court's power to overrule its constitutional precedents. This Essay/Article argues, to the contrary, that the Court's overruling power should be constitutionally constrained for essentially the same reasons that virtually every other federal government power is constrained. It proposes and defends a constitutional law of overruling.