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SELWYN DUKE: MAGA MEANS ENDING THE PRECEDENT OF JUCICIAL PRECEDENT |
Stare decisis is just a euphemistic way of saying that judges’ decisions — “precedent” — should take precedence over the Constitution. This perverts our system. It undermines the republic. We’re supposed to be a government of the people, by the people, and for the people. The Constitution reflects the people’s will in that it was ratified by the states and because Americans tacitly approve it to this day it by allowing it to stand; after all, they can amend it through their representatives.
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