Stare Decisis: Precedent vs the Constitution

As the founders widely understood, the Constitution is supreme. And it remains supreme even if the opinion of the Supreme Court contradicts it.

If you believe, like I do, that all these judges take an oath to the Constitution – rather than an oath to precedent – and their oath requires them to issue opinions based on the original, legal meaning of the Constitution – then the doctrine of stare decisis is unconstitutional even if the Supreme Court disagrees.



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