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.
Constitution of the United States of America, Article III, Article 3, stare decisis, constitutional decision-making
Notre Dame Law Review
Roosevelt, Kermit, "Polyphonic Stare Decisis: Listening to non-Article III Actors" (2008). Faculty Scholarship at Penn Carey Law. 226.
Constitutional Law Commons, Law and Politics Commons, Public Law and Legal Theory Commons
83 Notre Dame L. Rev. 1303 (2008)