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Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
Humphrey's Executor v. United States, 295 U.S. 602 (1935), was a Supreme Court decision regarding the United States President's power to remove executive officials of a quasi-legislative or quasi-judicial administrative body for reasons other than what is allowed by Congress. The Court unanimously held that the President did not have this power.
In the case of the former, the president retains the power to veto such a decision; however, Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that a congressional override of an executive order is a nearly impossible event, because of the supermajority vote required, and the fact that such a ...
These past decisions are called "case law", or precedent. Stare decisis —a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and other oversight by the legislative and judicial branches of government in pursuit of particular information or personnel relating to those confidential ...
The Supreme Court overturned a 40-year-old precedent that has been a target of the right because it is seen as bolstering the power of "deep state" bureaucrats.
Common law decisions today reflect both precedent and policy judgment drawn from economics, the social sciences, business, decisions of foreign courts, and the like. [78] The degree to which these external factors should influence adjudication is the subject of active debate, but it is indisputable that judges do draw on experience and learning ...
If the whole legislature, an event to be deprecated, should attempt to overleap the bounds, prescribed to them by the people, I, in administering the public justice of the country, will meet the united powers, at my seat in this tribunal; and, pointing to the constitution, will say, to them, here is the limit of your authority; and, hither, shall you go, but no further.