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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
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!)
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!)
To: thoughtomator
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.)
To: thoughtomator
stare decisis -- "to stand by things decided."
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