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To: Rockingham
My question was not meant in a hostile fashion. What readings led to your views on stare decisis?

You've already been given the example of US v Darby.

543 posted on 04/16/2010 3:43:22 AM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: tacticalogic
So, one day with some idle time on your hands, instead of the Smithsonian, you picked up your copy of US v. Darby from the end table in the den and there it was: the US Supreme Court unanimously going off the cliff in 1941, upholding federal wage and hour laws by citing Gibbons no less for the proposition that: "The power of Congress over interstate commerce 'is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.'" The evils of stare decisis were thus revealed to you.

I surmise that somewhere you got support for the notion that stare decisis was wrong, wrong, wrong. I am curious where. As far as I am aware -- and I invite correction -- there is no such adamant hostility to stare decisis in conservative legal scholarship.

544 posted on 04/16/2010 4:15:34 AM PDT by Rockingham
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