Polyphonic Stare Decisis: Listening to Non-Article III Actors
Kermit Roosevelt III
University of Pennsylvania Law School
Notre Dame Law Review, Vol. 83, Pg. 1303, 2008
U of Penn Law School, Public Law Research Paper No. 08-33
This article explores the input that non-Article III actors can and should have in the Supreme Court's decision to reconsider a prior constitutional decision. It employs a model of constitutional decision-making that distinguishes between the articulation of constitutional meaning and the construction of constitutional doctrine to identify several different stages at which a court can adhere to or depart from precedent and examines the persuasive power of non-Article III input at each stage.
Number of Pages in PDF File: 35
Keywords: Constitution of the United States of America, Article III, Article 3, stare decisis, constitutional decision-makingAccepted Paper Series
Date posted: July 25, 2008 ; Last revised: October 23, 2009
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