Casey Khan asks, “So now my question to our legal experts like Stephan and Professor Shaffer: on a Federal level is the concept of stare decisis valid under this Constitution of enumerated powers? The obvious answer would seem to be no, especially for us humble layman. It would seem that under the Federal Constitution that it is a power that may be reserved for the States and local jurisdictions but not the Federal.” Stare decisis just means that the courts are reluctant to rule contrary to a previously established case’s holding. This rule makes perfect sense in a decentralized court … Continue reading The Supremes on the Supremes
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