The Supreme Court in a Constitutional Democracy | Stare Decicis and the Roberts Court

The doctrine of stare decisis is deeply contested in the Roberts Court. Although all of the Justices profess to respect stare decisis, some commentators describe the actual force of the doctrine as vanishingly weak in the Supreme Court. Others believe that the doctrine abets rather than constrains judicial discretion by allowing the Justices to adhere even to mistaken precedents that they like while leaving them free to jettison precedents, such as Roe v. Wade, of which they disapprove. This diverse and distinguished panel will address both positive questions involving the role that stare decisis plays in the Supreme Court today and normative questions concerning the constraining force, if any, that the doctrine ought to exert.
Read more on Harvard Law Today: hls.harvard.edu/today/does-ov...
Richard Fallon (Moderator)
Story Professor of Law, Harvard Law School
Michael Dreeben
Partner, O’Melveny, Lecturer on Law, Harvard Law School
James L. Gibson
Sidney W. Souers Professor of Government, Washington University in St. Louis
Tara Grove
Vinson & Elkins Chair in Law, University Of Texas at Austin School of Law
Darren Hutchinson
Professor of Law and John Lewis Chair for Civil Rights and Social Justice; Director of Community and Inclusion; Chief Diversity Officer
Kimberly Robinson
Supreme Court Reporter, Bloomberg Law

Пікірлер: 57

  • @gopher7691
    @gopher7691 Жыл бұрын

    I guess Plessy shouldn’t have been overturned

  • @MisterWondrous
    @MisterWondrous Жыл бұрын

    C'est for me Dobbs.

  • @elijahofmalachi31themessen27

    @elijahofmalachi31themessen27

    Жыл бұрын

    I am Elijah of Malachi 4:5-6 and that means any discrepancies are decided by me. I come with power and truth. Mathew 19:12 Eunuchs that are born that way are transgender. Eunuchs made that way by others were abused. Those that choose to live like Eunuchs for the sake of the kingdom of heaven are bisexual people that choose partners of the same sex but opposite in gender. Gender is determined at birth in your BRAIN. It is attached to one's soul. Anyone that says any different is now blacked out from the Hily Spirit and will be until they either repent or wait too late and die w the wicked. Anyone rhat rejects the messages sent from the messenger of Malachi 3:1 rejects Jesus. . . .u

  • @stormcop55
    @stormcop55 Жыл бұрын

    And some of these people claim to be "scholars" .... wow

  • @elijahofmalachi31themessen27

    @elijahofmalachi31themessen27

    Жыл бұрын

    I am Elijah of Malachi 4:5-6 and that means any discrepancies are decided by me. I come with power and truth. Mathew 19:12 Eunuchs that are born that way are transgender. Eunuchs made that way by others were abused. Those that choose to live like Eunuchs for the sake of the kingdom of heaven are bisexual people that choose partners of the same sex but opposite in gender. Gender is determined at birth in your BRAIN. It is attached to one's soul. Anyone that says any different is now blacked out from the Hily Spirit and will be until they either repent or wait too late and die w the wicked. Anyone rhat rejects the messages sent from the messenger of Malachi 3:1 rejects Jesus. . . .lo

  • @stormcop55

    @stormcop55

    Жыл бұрын

    @@elijahofmalachi31themessen27 and???

  • @elijahofmalachi31themessen27
    @elijahofmalachi31themessen27 Жыл бұрын

    I am Elijah of Malachi 4:5-6 and that means any discrepancies are decided by me. I come with power and truth. Mathew 19:12 Eunuchs that are born that way are transgender. Eunuchs made that way by others were abused. Those that choose to live like Eunuchs for the sake of the kingdom of heaven are bisexual people that choose partners of the same sex but opposite in gender. Gender is determined at birth in your BRAIN. It is attached to one's soul. Anyone that says any different is now blacked out from the Hily Spirit and will be until they either repent or wait too late and die w the wicked. Anyone rhat rejects the messages sent from the messenger of Malachi 3:1 rejects Jesus. . . .ku

  • @DeRocco21
    @DeRocco21 Жыл бұрын

    should scotus care about what the public thinks... no. sry congress do your job

  • @fedbia2003
    @fedbia2003 Жыл бұрын

    1: We don't live in a Constitutional Democracy. We live in a Constitutional Republic. A: "The United States shall guarantee to every State in this Union a Republican Form of Government" US Constitution -There is no mention of "democracy" in the Constitution. Although, I do understand that it is used as an extension for representative forms of government and has historically been used (Alexis de Tocqueville "Democracy In America." 2: ( 28:18 ) I don't think the job of the SCOTUS should be gather democratic legitimacy through what the people want. It should be (obviously speaking generally) their primary focus to settle whether or not something is Constitutional as it is currently defined/understood etc. Then, if people don't agree with the rulings, they can go and use the systems put in place within the Constitution to amend it and better reflect the views of the American people. This has a high bar to pass because of the significance of amending a Constitution, but these are the steps that should be taken should something be deemed unconstitutional. More specifically, the Constitution, and by extension laws that were passed, should be interpreted by the ideals of the people who passed the laws/amendments/etc. We shouldn't try to make our minds about the meanings of the words especially when we're able to see what their intentions were (and of course nuance exists and needs to be settled, but the primary goal still remains: it's about what the idea was when it was passed.)

  • @-dash

    @-dash

    Жыл бұрын

    "...should be interpreted by the ideals of the people who passed the laws/amendments/etc..." Nah, "ideals" are far too nebulous. Authors' "ideals" quickly become vessels through which our own ideals are smuggled. Since legislatures don't have an easily-distillable ideal, their "intent" may as well be a euphemism for the policy preference of the reader. Ratio et textus rex sunt.

  • @fedbia2003

    @fedbia2003

    Жыл бұрын

    @@-dash I guess one of the examples that comes to mind are the Federalist Papers that give a fundamental understanding of how the Founding Fathers interpreted the Constitution in their own time and language. I see exactly what you mean and how broad someone's interpretation can be, of that I have absolutely no doubt. But what I'm worried about with people giving their own opinions on laws and amendments is the capacity to take that readers policy preference into overdrive.

  • @elijahofmalachi31themessen27

    @elijahofmalachi31themessen27

    Жыл бұрын

    I am Elijah of Malachi 4:5-6 and that means any discrepancies are decided by me. I come with power and truth. Mathew 19:12 Eunuchs that are born that way are transgender. Eunuchs made that way by others were abused. Those that choose to live like Eunuchs for the sake of the kingdom of heaven are bisexual people that choose partners of the same sex but opposite in gender. Gender is determined at birth in your BRAIN. It is attached to one's soul. Anyone that says any different is now blacked out from the Hily Spirit and will be until they either repent or wait too late and die w the wicked. Anyone rhat rejects the messages sent from the messenger of Malachi 3:1 rejects Jesus. . . .kiu

  • @fedbia2003

    @fedbia2003

    Жыл бұрын

    @aarqa Right, but that's exactly the point: we're not a "direct" democracy. We're a republic. You don't understand the implications of a democracy over a republic. We literally don't haver majority rule in this country. It's tempered through regional offices. Example of something completely against democracy: 34% of Congress that represents the least populated portions of the US can prevent the overwhelming majority of the country amending the Constitution. Why do we have that system? Because, unlike you, the Founding Fathers understood that people from places like Philadelphia (or in modern terms LA, NYC, etc) shouldn't have absolute control over areas like Georgia. Also, North Korea and China clearly aren't republics and you're making a disingenuous argument because you're an invalid. Those are clearly totalitarian regimes hiding under the guise of elected representatives. But it's ok. Talking with people like you is the best argument against a democracy. Thank fuck we live in a Republic.

  • @fedbia2003

    @fedbia2003

    Жыл бұрын

    @aarqa I think I see what you're saying: Republics all fall under the general umbrella of Democracy in the same way Communism and Monarchies fall under Totalitarian governments. Yes, that's absolutely true. However, the literal political concept of democracy, which is touted across the country as a means to model our Republic, is majority rule no matter what. When I see people saying "how can we live in a democracy when one senator can filibuster?" I know what they mean by wanting a democracy. Which, in the specific form of government, is a flawed system. Our Republic is more than just a democracy. It is significantly more than the literal "majority rule" or "power of the people." When one part of the country with less people can influence a larger population that is inherently un-Democratic behavior. So, AGAIN, in the specific sense of politics and execution, we are a Republic: we understand that sometimes the people as a majority are wrong.

  • @rahmanarp4698
    @rahmanarp4698 Жыл бұрын

    As-salamuyalaikum Hello, Everyone

  • @elijahofmalachi31themessen27

    @elijahofmalachi31themessen27

    Жыл бұрын

    I am Elijah of Malachi 4:5-6 and that means any discrepancies are decided by me. I come with power and truth. Mathew 19:12 Eunuchs that are born that way are transgender. Eunuchs made that way by others were abused. Those that choose to live like Eunuchs for the sake of the kingdom of heaven are bisexual people that choose partners of the same sex but opposite in gender. Gender is determined at birth in your BRAIN. It is attached to one's soul. Anyone that says any different is now blacked out from the Hily Spirit and will be until they either repent or wait too late and die w the wicked. Anyone rhat rejects the messages sent from the messenger of Malachi 3:1 rejects Jesus. . . . gf

  • @rholmst
    @rholmst Жыл бұрын

    It’s difficult to take anyone serious when they don’t even know we are a constitutional republic and not a democracy, constitutional or otherwise.

  • @DeRocco21
    @DeRocco21 Жыл бұрын

    privileges and immunities clause

  • @DeRocco21
    @DeRocco21 Жыл бұрын

    affirmative action needs to go

  • @chuanyi7822
    @chuanyi7822 Жыл бұрын

  • @elijahofmalachi31themessen27

    @elijahofmalachi31themessen27

    Жыл бұрын

    I am Elijah of Malachi 4:5-6 and that means any discrepancies are decided by me. I come with power and truth. Mathew 19:12 Eunuchs that are born that way are transgender. Eunuchs made that way by others were abused. Those that choose to live like Eunuchs for the sake of the kingdom of heaven are bisexual people that choose partners of the same sex but opposite in gender. Gender is determined at birth in your BRAIN. It is attached to one's soul. Anyone that says any different is now blacked out from the Hily Spirit and will be until they either repent or wait too late and die w the wicked. Anyone rhat rejects the messages sent from the messenger of Malachi 3:1 rejects Jesus. . . .ky

  • @mizellcommunity901
    @mizellcommunity901 Жыл бұрын

    ADATITLE2TORTCLAIMS access to the court account mizell vr Hamilton mizell vr neuss mizell vr Hernandez 1,18cv0883rp

  • @mizellcommunity901
    @mizellcommunity901 Жыл бұрын

    ADATITLE2TORTCLAIMS access to the court account mizell vr Hamilton mizell vr neuss mizell vr Hernandez 1,18cv0883rp.vagabond prose mizell