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Stare decisis requires lower court judges to follow higher courts, which seems sensible enough, but it also encourages higher courts to stick with a mistake rather than to admit and correct it. Judges were appointed to uphold the constitution, not stare decisis. The Amar brothers wrote that "Indeed, the same Constitution that establishes the federal courts and empowers them to hear cases arising under this Constitution requires all judges to swear an oath of allegiance not to their past rulings, but to the document itself...

Judges were appointed to uphold the constitution, not stare decisis. The Amar brothers wrote that "Indeed, the same Constitution that establishes the federal courts and empowers them to hear cases arising under this Constitution requires all judges to swear an oath of allegiance not to their past rulings, but to the document itself...

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