Transcription of ORIGINALISM AND STARE DECISIS - Notre Dame …
{{id}} {{{paragraph}}}
Example: bankruptcy
ORIGINALISM AND STARE DECISIS - Notre Dame …
\\jciprod01\productn\N\NDL\92-5\ : 1 5-JUL-1715:26 ORIGINALISM AND STARE DECISISAmy Coney Barrett*INTRODUCTIONJ ustice Scalia was the public face of modern ORIGINALISM . Originalismmaintains both that constitutional text means what it did at the time it wasratified and that this original public meaning is authoritative. This theorystands in contrast to those that treat the Constitution s meaning as suscepti-ble to evolution over time. For an originalist, the meaning of the text is fixedso long as it is claim that the original public meaning of constitutional text consti-tutes law is in some tension with the doctrine of STARE DECISIS . STARE DECISIS isa sensible rule because, among other things, it protects the reliance interestsof those who have structured their affairs in accordance with the Court sexisting cases. But what happens when precedent conflicts with the originalmeaning of the text?
\\jciprod01\productn\N\NDL\92-5\NDL502.txt unknown Seq: 3 5-JUL-17 15:26 2017] originalism and stare decisis 1923 Originalists maintain that …
Tags:
Information
Domain:
Source:
Link to this page:
Please notify us if you found a problem with this document: