Does originalism really lead to an all-powerful Supreme Court?

May 15, 2012 | By TIMOTHY SANDEFUR

In his latest contribution to our exchange about the courts’ obligation to follow precedent, Prof. Michael Rappaport answers a question that I posed in the comments section of the Liberty Law Blog. He had argued that “the judicial power” conferred on courts by Article III of the Constitution obliges courts to follow precedent even ...