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Constitutional Precedent in US Supreme Court Reasoning

Author: David Schultz

Publisher: Edward Elgar Publishing

Published: 2022-03-15

Total Pages: 200

ISBN-13: 9781839103124

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.

Constitutional Precedent in US Supreme Court Reasoning

Author: Schultz, David

Publisher: Edward Elgar Publishing

Published: 2022-03-15

Total Pages: 200

ISBN-13: 1839103132

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Majority Rule Or Minority Will

Author: Harold J. Spaeth

Publisher: Cambridge University Press

Published: 2001-02-19

Total Pages: 380

ISBN-13: 9780521805711

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Examines the influence of precedent on the behavior of the US Supreme Court justices.

Precedent in the United States Supreme Court

Author: Christopher J. Peters

Publisher: Springer Science & Business Media

Published: 2014-02-11

Total Pages: 233

ISBN-13: 9400779518

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This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

Reason in Law

Author: Lief H. Carter

Publisher: University of Chicago Press

Published: 2016-03-04

Total Pages: 311

ISBN-13: 022632821X

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Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.

Settled Versus Right

Author: Randy J. Kozel

Publisher: Cambridge University Press

Published: 2017-06-06

Total Pages: 191

ISBN-13: 110712753X

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This book analyzes the theoretical nuances and practical implications of how judges use precedent.

The Pursuit of Justice

Author: Kermit L. Hall

Publisher: Oxford University Press

Published: 2006-12

Total Pages: 257

ISBN-13: 0195311892

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Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.

Reason in Law

Author: Lief Carter

Publisher: Routledge

Published: 2017-10-05

Total Pages: 334

ISBN-13: 1317344685

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Arguing that good legal reasoning remains the best device by which we can ensure that judicial impartiality, the rule of law, and social trust and peace are preserved, Thomas F. Burke and Lief H. Carter present an accessible and lively text that analyzes the politics of the judicial process. Looking at the larger social and institutional contexts that affect the rule of law - including religious beliefs and media coverage of the courts - Reason in Law uses cases ripped from the headlines to illustrate its theory in real-world practice.

The Politics of Precedent on the U.S. Supreme Court

Author: Thomas G. Hansford

Publisher: Princeton University Press

Published: 2018-06-05

Total Pages: 155

ISBN-13: 0691188041

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The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

Settled Versus Right

Author: Randy J. Kozel

Publisher: Cambridge University Press

Published: 2017-06-06

Total Pages: 191

ISBN-13: 1108228658

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In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.