stare decisis definition ap gov This is a topic that many people are looking for. thetruthaboutdow.org is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, thetruthaboutdow.org would like to introduce to you Stare decisis and precedent in the Supreme Court US government and civics Khan Academy. Following along are instructions in the video below:
“As we have ntalked about in many videos. The united states supreme ncourt has a a very different role than the executive or nthe legislative branches. The executive branch of runs the government the legislative branch they make the laws and set the budgets and then the supreme court can rule that a law is unconstitutional or it can interpret nlaws in a specific case and when the supreme court njustices make these decisions they try to follow the nprinciple of stare decisis. Which is latin for it s this idea of taking nprevious decisions as an example and if we re in a similar case now then they just use that decision nas.
An example for this one. This is closely associated nwith. The idea of precedent precedent in everyday language. Means something that has happened before an action or a decision nthat.
We can use a guide or as an example and that s exactly what the nsupreme court tries to do if the supreme court has nmade a previous ruling on a similar case that would nbe considered a precedent for this case. The supreme court has been noften described as umpires like umpires in a baseball game. Even chief justice. John nroberts.
Described it as such during his confirmation hearings and it s this idea that nthey should be these objective arbiters of what the truth is of what is constitutional and what is not what does a law actually mean. But we know in reality nthese are human beings. And no matter how unbiased nand. No matter.
How objective they try to be they nstill bring to the table. Their views and their experiences. And so even though this seems nlike a very clean process. There s definitely a large ndegree of subjectivity here and because the executive branch in particular the president can appoint supreme court justices there s definitely examples in history of changes in politics nhaving long term effects on changes in the supreme court for example a significant ncase of overturning precedent.
Happens from 1896 to 1954 in 1896. You have the nplessy v. Ferguson case that we covered in several other videos where the then supreme court rules its laws that involve nsegregation are okay. But then you fast forward almost 60 years.
And then the supreme court. Then in brown v. Board of education nin topeka ruled that no separate. But equal is not constitutional that segregation is not okay and this was influenced by nthis idea of over time you had presidents who were able to make judicial appointments.
Nto. The supreme court as members of the supreme ncourt died or retired and went through a senate. Nconfirmation process and then these justices have life tenure. They can stay on the supreme ncourt until they pass away or until they decide to retire and so many historians would nsay that this overturning of precedent was due nto.
A change in politics from the 1930s through the early 1950s. When you have several terms of fdr and then you have president truman who appointed justices nto. The supreme court that would eventually rule on nbrown v. Board of education and they would be more pro civil rights and what s interesting about this is even though presidents ntry to appoints folks.
Who they believe would maybe nvote the way they would or have similar views many times. It doesn t always work that way for example president neisenhower who was a republican appointed justice earl warren who was a republican ngovernor of california. But warren ended up being famous for taking more liberal stances than not ” ..
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