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THE INTRINSICALLY CORRUPTING INFLUENCE OF PRECEDENT
Journal article   Peer reviewed

THE INTRINSICALLY CORRUPTING INFLUENCE OF PRECEDENT

Constitutional commentary, Vol.22(2), p.289
06/22/2005

Abstract

American history Constitutional law Judges & magistrates Judicial discretion
Paulsen argues that, whatever one's theory of constitutional interpretation, a theory of stare decisis, poured on top and mixed in with it, always corrupts the original theory. To whatever extent precedents inconsistent with original meaning are accepted as controlling, such acceptance undermines--even refutes--the premises that are supposed to justify originalism.

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