Text, precedent, and the Constitution: some originalist and normative arguments for overruling Planned Parenthood of Southeastern Pennsylvania v. Casey.

Constitutional Commentary | June 22, 2005| | Copyright

"It is maintained by the advocates of the bank that its constitutionality in all its features ought to be considered as settled by precedent and by the decision of the Supreme Court. To this conclusion I can not assent. Mere precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power except where the acquiescence of the people and the States can be considered as well settled."

 
   President Andrew Jackson, rejecting McCulloch v. Maryland, 
   while vetoing the renewal of the Bank of the United States 
   more ...

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