Based off the book The Nine by Jeffery Toobin there are many views of constitutionalism presented to the reader. Constitutionalism is a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law. There are five main principles that constitutionalism is derived from, those principles are: Separation of Powers/ Checks and Balances, Federalism, Stare Decisis, Judicial Philosophy and finally the Protection for individual rights. Each of these aspects play a key role when dealing with constitutionalism. Throughout the book Toobin shares various perspectives from Supreme Court justices and their beliefs and ethics, throughout the duration
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The Chapter “Questions Presented” focus on the aspects of Stare Decisis and essentially is the principle that establishes authority of precedence. The is one of the most prominent principle of constitutionalism. Stare Decisis is a Latin term that mean “Let the decision stand”. As stated in Breyer, Randall v. Sorrell (2006): “fundamental importance of stare decisis, the basic legal principle that commands judicial respect for a court’s earlier decisions and the rules of law they embody. The court has pointed out that stare decisis ‘promotes the evenhanded, predictable and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” By understanding this principle is based off judicial decisions and judges utilize the decisions from cases that have occurred prior as a guide to help sway their decision of a current case they are working with. This is important when dealing with cases of a similar nature, an example the book uses deal with the constitutional right to abortion that was brought up with Planned Parenthood of Southeastern Pennsylvania v. Robert P. Casey in 1992 (Toobin 55). According to the
The Chapter “Questions Presented” focus on the aspects of Stare Decisis and essentially is the principle that establishes authority of precedence. The is one of the most prominent principle of constitutionalism. Stare Decisis is a Latin term that mean “Let the decision stand”. As stated in Breyer, Randall v. Sorrell (2006): “fundamental importance of stare decisis, the basic legal principle that commands judicial respect for a court’s earlier decisions and the rules of law they embody. The court has pointed out that stare decisis ‘promotes the evenhanded, predictable and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” By understanding this principle is based off judicial decisions and judges utilize the decisions from cases that have occurred prior as a guide to help sway their decision of a current case they are working with. This is important when dealing with cases of a similar nature, an example the book uses deal with the constitutional right to abortion that was brought up with Planned Parenthood of Southeastern Pennsylvania v. Robert P. Casey in 1992 (Toobin 55). According to the