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Common Law interpretation sure, you need to use the logic and decisions of the court to inform future decisions, but those decisions must be grounded on actual text and insofar as bad decisions are made they should be corrected. Should we have left all of the bad decisions on slavery and Jim Crow because of stare decisis?



> those decisions must be grounded on actual text

Uhm, no — “precedent” is a judicial decision which may not be grounded on any text whatsoever. It’s a common thing in Common law, and of course it doesn’t exist in Continental law.


which may not be grounded on any text whatsoever.

Well when your job is to interpret the constitution, it should be grounded on the text. That's why there are textualist who disagree with your interpretation of the role of the court. It is supposed to be the foundation.




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