At 08:49 AM 7/2/2003 -0400, you wrote:
Madison in Federalist 37 made clear that precedent would matter, indeed for most constitutional questions. I argue in "Antebellum Perspectives on Free Speech," 10 William and Mary Bill of Rights Journal 779, 804-810 (2002) that antebellum Americans believed that constitutional precedents outside of the court were as vital if not more vital than judicial decisions. For a similar point, see Whittington, CONSTITUTIONAL CONSTRUCTIONS.
Mark A. Graber
>>> [EMAIL PROTECTED] 07/02/03 08:36AM >>> >I hope this is an appropriate question for our list-serve. I have been >working for some time on a book on constitutional stare decisis for >Oxford University Press. There is at least one matter on which I would >appreciate guidance -- what the Framers -- or their generation -- said >about precedent as a source of constitutional meaning or about how much >respect the Court owed to its own constitutional decisions. I have begun >researching the question and have been assisted along by the way by, among >other things, Thomas Lee's fine article in the Vanderbilt Law Review on >the subject. If people know of good places for me to look to get this >information, I would appreciate hearing from them either in response to >this email on the list-serve or by separate communication. Many thanks.
