Calabresi, Steven G.
June 2008
Harvard Journal of Law & Public Policy;Summer2008, Vol. 31 Issue 3, p947
Academic Journal
An essay on the arguments of textualists and originalists on the theory of stare decisis in the U.S. constitutional law is presented. It explains the reasons why doctrinalists are wrong in contending for a strong theory of stare decisis. It details several cases where the Supreme Court overruled itself and relied on textual or originalist arguments. It concludes that the text of the constitution and policy arguments support textualism and disfavor a strong theory of stare decisis in constitutional cases.


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