Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Stare Decisis and the U.S. Constitution
12-26-2005 | JBroadwa

Posted on 12/26/2005 6:13:07 AM PST by JBroadwa

"Stare decisis" in upholding U.S. Supreme Court decisions is something the liberals belive in only when it suits their purposes.


TOPICS:
KEYWORDS: abortion; gramsci; judgesamuelalito; precedent; righttolife; staredecisis; ussupremecourt
"Stare decisis" is Latin for "let the decision stand." We've heard it a lot lately from the liberals because they don't want Roe v. Wade overturned. But the U.S. Constitution allows for U.S. Supreme Court decisions to be overturned because our Founders recognized that we human beings are imperfect, and therefore are able to make wrong decisions. An good example is the U.S. Supreme Court's Dred Scott decision. Had that not been recognized as bad precedent, then slavery would still be legal in the United States. Roe v. Wade is also bad precedent, and also needs to be overturned. The liberals don't believe in stare decisis, however, when precedent goes against their communist, socialist, totalitarian, one world government goals.
1 posted on 12/26/2005 6:13:08 AM PST by JBroadwa
[ Post Reply | Private Reply | View Replies]

To: JBroadwa

"Stare decisis" is Latin for "judicial tyranny". 'nuff said!


2 posted on 12/26/2005 6:15:46 AM PST by thoughtomator (Congrats Iraq!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JBroadwa

I think you can't challenge it at the trial level, but it is a valid issue at the appeal level.


3 posted on 12/26/2005 6:18:53 AM PST by djf (Bush wants to make Iraq like America. Solution: Send all illegal immigrants to Iraq!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: thoughtomator

Well put.


4 posted on 12/26/2005 6:19:20 AM PST by mainepatsfan
[ Post Reply | Private Reply | To 2 | View Replies]

To: JBroadwa

We need a basis that gives precedence to a standing decision, otherwise our courts would become a swinging door if you can imagine that. On the other hand there has to be some process to allow a review.


5 posted on 12/26/2005 6:23:38 AM PST by OldEagle (May you live long enough to hear the legends of your own adventures.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: thoughtomator

stare decisis -- "to stand by things decided."


6 posted on 12/26/2005 10:22:52 PM PST by scrabblehack
[ Post Reply | Private Reply | To 2 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson