Amar, Akhil Reed
June 2008
Harvard Journal of Law & Public Policy;Summer2008, Vol. 31 Issue 3, p961
Academic Journal
The article discusses the debate on text and precedent in the U.S. It cites the need for originalists to infer a theory of precedent from the text and structure of the constitution and determine the proper boundary of precedent. It says that the text of the constitution reflects that judges are going to provide interpretations and develop frameworks in deciding cases to allow the document to be understood in courts as law. The author stresses the need for the Supreme Court to issue a declaratory judgment when it made an error.


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