To: P-Marlowe
...with a dedication to instituting the intent of the drafters of the Constitution.
STARE DECISIS IS NOT WRITTEN INTO THE CONSTITUTION.
The requirement that the Constitution be interpreted in conformity with the intent of the drafters is also not in the Constitution.
To: BikerNYC; jude24
The requirement that the Constitution be interpreted in conformity with the intent of the drafters is also not in the Constitution. When push comes to shove, judicial review of Congressional Legislation is not in the constitution. But the oath to uphold and defend the constitution is part of the oath the justices take. They take no oath to the principles of "stare decisis". Their loyalty is to the document and not someone's prior opiinion of what the document does or does not say or mean. It is an individual oath and not a corporate oath. They owe a duty to the constitution and a duty to God (whether they think he exists or not).
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