Originalism and Precedent: Principles and Practices in the Application of Stare Decisis‪.‬

INTRODUCTION The proper understanding of the relationship between constitutional interpretation that is faithful to the text of the Constitution and the relative importance of precedent or stare decisis is a complicated matter, as the contributions to the recent symposium published in this journal indicate. (1) On the one hand, adherence to the structure and text of the Constitution would seem to argue in favor of strict attention to the document's words and phrases, unfettered by ancillary concerns about matters such as maintaining stability, reliance, and order in the court system. And yet, there are a host of reasons that could be put forward as to why the courts, and the Supreme Court specifically, should adhere to precedent--within reason. (2)