Without an imperative to bring precedents into alignment with original meaning, stare decisis becomes the “exception” that swallows the Constitution.
Randy E. Barnett
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forum
by
Randy E. Barnett.
Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown Law Center, where he directs the Georgetown Center for the Constitution. He is the author of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People.