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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.