essay question 6

essay question 6 - To what extent has the Supreme Court...

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To what extent has the Supreme Court followed the doctrine of stare decisis in its civil liberties rulings? In regards to cases dealing with substantial due process claims, the Court has had a very difficult time asserting what constitutes as fundamental rights and how they are going to decide. The Court has made a lot of mistakes and is wary to admit so. The Court claims that overruling cases too often would damage the legitimacy of the court. However, you can see that when the court knows they have made the wrong decision, they are personally wary to admit it. In this regard, in 1935 West Coast Hotel v. Parrish, the Supreme Court abandoned the theory that freedom of contract should be unrestricted. The Court said the era of Lochner was over where the Court struck down state laws, regulatory business and industrial conditions, just on the basis that they disagreed. The Court was careful however, to not overturn Lochner, in which the Court determined that a statute imposing a minimum hour law in bakeries was constitutional. In Planned Parenthood v. Casey (1992), the Pennsylvania legislators asked for the
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This note was uploaded on 03/26/2012 for the course POL 353 taught by Professor Dameron during the Fall '11 term at Miami University.

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