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The use of the term "natural born" was not without precedent. An early recorded example was in Calvin's Case (1608), which ruled that a person born in any place subject to the King of England (which at the time included Scotland and Ireland as separate kingdoms, and formerly many parts of France) was a natural born subject of England and therefore entitled to bring a civil suit in an English ...
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.
An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value. In the system of common law, each judicial decision becomes part of the body of law used in future decisions. However, some courts reserve certain decisions, leaving them ...
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 ...
A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may ...
Political scientist Corey Robin has recently argued that conservatism's most consistent traits are 1) A veneration of hierarchy and order and 2) A fear of the lower orders. "Though it is often ...
Political scientists have long observed the thermostatic nature of American politics. That’s a fancy way of saying that when a Republican occupies the White House, the public becomes more liberal.
A simple concurring opinion arises when a judge joins the decision of the court but has something to add. Concurring in judgment means that the judge agrees with the majority decision (the case's ultimate outcome in terms of who wins and who loses) but not with the reasoning of the majority opinion (why one side wins and the other loses).