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Tenth Amendment Center: Originalism and Stare Decisis in the Lower Courts

...from Tenth Amendment Center
An interesting new paper by Josh Blackman on precedent vs the original constitution in federal courts. From the abstract at SSRN: The tension between originalism and stare decisis is well known. Many of the Supreme Court’s most significant constitutional decisions are completely unmoored from the original public understanding of the Constitution. A Supreme Court Justice […]

July 26, 2019 at 10:04AM

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