Wednesday, July 31, 2013
Stare Decisis does not have the same effect as a Constitutional Amendment. While we can not ignore history, neither can we ignore the clear text of the Constitution. The text creates principled high points on which the rest of the law is hung. These high points are connected by strands of logic that create a kind of fabric ceiling. And very soon after our founders framed the Constitution, they built three walls against government disfavor: protecting religious belief, protecting free expression, and protecting the right to object.