Questions on Stare Decisis

I’m guessing you’re in your second year? We didn’t touch Con Law till then. After a decade or so, those cases just sort of float away into the ether. The two that stuck with me were Wickard and Lopez. I loved Wickard.

I’m a rising 2L.

We had Con Law I second semester 1L year.

In other words, I took my Con Law final 2 months ago.

Con Law was my favorite class by far. I enjoyed Crim and Civ Pro too.

Property, Contracts and Torts? Not so much.

Contracts was taught by our law school’s worst teacher, but I liked it so much it didn’t matter. Con Law was very good, too. Leaving, I didn’t expect to end up talking about it so much on an Internet forum.

Well, I’m still in the middle of it, man. This ■■■■ is crazy, I need someone to talk to about it.

:laughing:

My contracts professor was awesome, but I just couldn’t get into it.

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This is a side note - but I’m pretty sure I remember you speaking well of Jonathan Turley.

He was my Torts professor. Great guy, and an incredibly sweet man, but a ■■■■ professor.

You state this, like all the founders were in agreement regarding ideology and policy.

Not even close…at all.

Did I? I don’t know him personally.

Which leads to problems with our newest form of judicial activism: originalism.

Just saying the word makes it sound old and respectable—rather than an invention younger than many of us.

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I don’t mean you spoke well of him personally.

Am I mistaken? I’m fairly sure I remember you posted something about him in the recent past, that included a generally favorable impression.

This is probably what I was thinking of.

It’s possible. Seems like I remember the name.

Ah so. Yes.

So, at the end of the day,

Does the judiciary give more weight to their own decisions or to the actual Constitution?

If it is the former, was this the intention?

Again if it is the former, does this tendancy accelarate the drift away from the anchor?

I have stated before that the court seems to be moving in the direction of restoring 10th A and Constitutional authority, that had been stripped from them in the past, back to the states in full, though they are taking it slow.

It gives more weight to the Constitution.

I hope you’re right.

What do you think?

Previous opinions are weighed much more heavily. The Constitution is paid lip service.