Constitutional Precedent in US Supreme Court Reasoning 1st Edition by David Schultz 9781839103131 1839103132

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Product details:

ISBN 10: 1839103132

ISBN 13: 9781839103131

Author: David Schultz

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.

Table of contents:

1. Jay to Vinson Courts

2. The Warren Court

3. The Burger Court

4. The Rehnquist Court

5. The Roberts Court

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Tags: David Schultz, Constitutional, Precedent, Supreme