Emancipating the Constitution From Non-Originalist Precedent
by John O. McGinnis & Mike Rappaport Non-Originalist Precedent The biggest challenge to the rise of originalism is precedent. Although originalism is enjoying more support in the judiciary and in ...
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Federal Judges Protect and Defend Precedent
A nominee for a seat on a U.S. Court of Appeals revealed exactly why we can’t count on federal judges to “protect and defend” the Constitution. Their commitment is to ...
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Justice Thomas’s Credo
The Constitution, not precedent, is the law of the land by Myron Magnet One of the most striking aspects of Monday’s Supreme Court decision in Gamble v. United States was ...
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Originalism and Stare Decisis in the Lower Courts
By: Michael Boldin An interesting new paper by Josh Blackman on precedent vs the original constitution in federal courts. From the abstract at SSRN: The tension between originalism and stare ...
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