TITLE

ORIGINALISM AND PRECEDENT

AUTHOR(S)
MCGINNIS, JOHN O.; RAPPAPORT, MICHAEL B.
PUB. DATE
January 2011
SOURCE
Harvard Journal of Law & Public Policy;Winter2011, Vol. 34 Issue 1, p121
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
ABSTRACT
An essay is presented on the combatibility of and the absence of conflict between originalism and precedent. The essayist argues that the Constitution is not displaced when a precedent is followed because it is legislated by U.S. Congress. A consequentialist's approach determines the benefits of following the original meaning, or the precedent which then forms the basis for a compatible doctrine. The essayist recommends following a precedent when overturning results in great costs and when it is supported by supermajoritarian consensus.
ACCESSION #
58113041

 

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