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- Title
ORIGINALISM AND PRECEDENT.
- Authors
MCGINNIS, JOHN O.; RAPPAPORT, MICHAEL B.
- Abstract
An essay is presented on the combatibility of and the absence of conflict between originalism and precedent. The essayist argues that the Constitution is not displaced when a precedent is followed because it is legislated by U.S. Congress. A consequentialist's approach determines the benefits of following the original meaning, or the precedent which then forms the basis for a compatible doctrine. The essayist recommends following a precedent when overturning results in great costs and when it is supported by supermajoritarian consensus.
- Subjects
UNITED States; LEGAL precedent; STATUTORY interpretation; LEGAL judgments; UNITED States. Constitution
- Publication
Harvard Journal of Law & Public Policy, 2011, Vol 34, Issue 1, p121
- ISSN
0193-4872
- Publication type
Essay