stare decisis precedent and principle in constitutional：遵循先例原则在宪法判例和凝视.pdf

Cornell Law R eview Volume 73 Article 21 Issue 2 J anuary 1988 Stare Decisis: Precedent and Principle in Constitutional Adjudication Charles J. Cooper Follow this and additional works at : http://scholarship.law.corn ll. du/clr Part of th Law Commons R comm nd d Citation Charl s J. Coop r, Stare Decisis: Precedent and Principle in Constitutional Adj udication , 73 Corn ll L. R v. 401 (1988) Available at : http://scholarship.law.corn ll. du/clr/vol73/iss2/21 This Article is brought to you for fr e and op n acc ss by the Journals at Scholarship@Corn ll Law : A Digital R pository. It has b n acc pt d for inclusion in Corn ll Law R vi w by an authoriz d administrator of Scholarship@Corn ll Law : A Digital R pository. For more information, pl as contact jmp8@corn ll. du. STARE DECISIS: PRECEDENT AND PRINCIPLE IN CONSTITUTIONAL ADJUDICATION Charles. Coopert Let me say at the outset that it is high time that the Federalist Society devoted a panel at a national symposium to the doctrine of constitutional stare decisis. For if there is any principle that is fun- damental to the true conservative, if there is any doctrine that is inviolable to the true conservative, if there is any rule that is cardinal to the true conservative, it is stare decisis. And if you dont believe me, ask any true liberal. Isnt it amusing that liberals, who only recently have perceived the profound value of stability of the law, have taken to lecturing conservatives on what it takes to be a true conservative? Listen to Sidney Blumenthal, a Washington Post writer who fancies himself as an expert on conservatives.