The Constitution, Stare Decisis & Precedent | Mark Rienzi | Constitutional Conversations
Mark Rienzi, president of Becket Law, discusses the limits of precedent and the supremacy of the constitution.
0:00 so that’s what you’re talking about there’s the the starry decisis is the phrase the year and legalese right where you have a short deference to pass precedent yeah and I would say what what the justices tend to say is there’s some deference to pass precedent because it’s important that we can have some predictability for our legal system but ultimately it’s all within a system in
0:20 which everybody recognizes that the Constitution itself is supposed to be supreme and so if the justices realize that some old decision like Plessy got things terribly wrong or Dred Scott for example which used the due process clause to invent a right to own slaves that wasn’t really there if you realize that the old decision was wrong and is not faithful to the Constitution then I
0:41 think the justices feel like they have an obligation to get it right