Polyphonic Stare Decisis: Listening to non-Article III Actors

Authors

Kermit Roosevelt III, University of Pennsylvania Carey Law SchoolFollow

Document Type

Article

Publication Date

2008

Abstract

This article explores the input that non-Article III actors can and should have in the Supreme Court’s decision to reconsider a prior constitutional decision. It employs a model of constitutional decision-making that distinguishes between the articulation of constitutional meaning and the construction of constitutional doctrine to identify several different stages at which a court can adhere to or depart from precedent and examines the persuasive power of non-Article III input at each stage.

Keywords

Constitution of the United States of America, Article III, Article 3, stare decisis, constitutional decision-making

Publication Title

Notre Dame Law Review

Publication Citation

83 Notre Dame L. Rev. 1303 (2008)

Repository Citation

Roosevelt, Kermit III, "Polyphonic Stare Decisis: Listening to non-Article III Actors" (2008). All Faculty Scholarship. 226.
https://scholarship.law.upenn.edu/faculty_scholarship/226