FYS 043 Lecture Notes - Lecture 9: Precedent, Originalism, Fourteenth Amendment To The United States Constitution
12 Dec 2017
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Precedent/ stare decisis- case with majority is set as law. Need a majority for a decision to have precedential value- judicial opinions must agree with the outcome, arguments, reasoning and logic of the case. Standing- not everyone can have a lawsuit, party needs to be able to demonstrate that the party has a personal stake or damage in this case. Debates over the appropriate method constitutional interpretation (originalism; textualism; living constitution) Dissenting- disagree with outcome and disagree with the logic. Goldberg agrees with douglas" opinion, but had something he wanted to add. In judgment only- agree with the outcome of the case but don"t agree with the logic. Ct law that prohibits the dissemination information about and the use of contraception- supreme. Court ruled that the law was unconstitutional in regards to married couples. Right of privacy emanates from other explicit rights and protects the association of marriage and the right to use contraception within marriage.
