Comments on: The In Vogue Word Of The Day: Stare Decisis http://dailywrit.com/2007/06/28/the-in-vogue-word-of-the-day-stare-decisis/ Wed, 19 Nov 2008 03:37:15 +0000 http://wordpress.org/?v=2.2.1 By: A. http://dailywrit.com/2007/06/28/the-in-vogue-word-of-the-day-stare-decisis/#comment-215 A. Sat, 28 Jul 2007 03:44:34 +0000 http://dailywrit.com/2007/06/28/the-in-vogue-word-of-the-day-stare-decisis/#comment-215 Stare decisis is for judges too stupid to interpret the CONSTITUTION and the federal laws. If there is no mandate under the Constitution or federal law to follow it, it need not even be a consideration in courts. It makes so little sense that it ought to be discarded as a legal principle in this country. It has NO PLACE in the legal system. The court should always use only the Constitution and/or federal law as standards by which to judge cases. NOTHING ELSE! I would argue the whole concept of stare decisis is unconcstitutional. Judges should never ever be allowed to set it or follow it. By setting it, they make law; by following it, they do not use the Constitution or federal law to which they are bound. The concept needs to be tossed in the judicial system. It's time for radical and sudden reform in the legal system. Cases ought to be decided one at a time. If it means a drastic departure from what people are used to, too bad. That's one reason precedent should never be set in the first place! Nothing angers me more about this nation than its acceptance of stare decisis! Stare decisis is for judges too stupid to interpret the CONSTITUTION and the federal laws. If there is no mandate under the Constitution or federal law to follow it, it need not even be a consideration in courts. It makes so little sense that it ought to be discarded as a legal principle in this country. It has NO PLACE in the legal system. The court should always use only the Constitution and/or federal law as standards by which to judge cases. NOTHING ELSE!

I would argue the whole concept of stare decisis is unconcstitutional. Judges should never ever be allowed to set it or follow it. By setting it, they make law; by following it, they do not use the Constitution or federal law to which they are bound.

The concept needs to be tossed in the judicial system. It’s time for radical and sudden reform in the legal system. Cases ought to be decided one at a time. If it means a drastic departure from what people are used to, too bad. That’s one reason precedent should never be set in the first place!

Nothing angers me more about this nation than its acceptance of stare decisis!

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