POL 320 Lecture Notes - Lecture 1: Precedent, Originalism, Living Constitution
5 Feb 2019
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Every time the sc invalidates a law, they are saying that their decision is more powerful. What the founders of the constitution intended by the document. Federalist papers: alexander hamilton, john jay, james madison. Textualism: looking at the actual text of the constitution, the most strict form of. But today judgments are being made, roe v. wade. Equal protection under the law, right to privacy. Precedent: the sc decides on an issue and that is the rule for now amongst all other federal courts, stare decisis (meaning, let the previous decision stand) Settled law: it is settled for now, but could change in the future. Living constitution / judicial activism: more liberal view, looser form of interpretation, An originalist on the issue of abortion would most likely say that sine abortion isn"t. Plessy v. ferguson, said that separate but equal facilities are constitutional > brown v.
