Technology
The Role of Precedent in Shaping Constitutional Interpretation
Quick fact
The Supreme Court rarely overrules its own precedent—only about 0.1% of its cases result in an explicit overruling. Yet when it does, as in Brown v. Board of Education overruling Plessy v. Ferguson, it can transform the meaning of the Constitution for millions of Americans.
Why this is interesting
The U.S. Constitution says nothing about abortion, same-sex marriage, or right to privacy. Yet the Supreme Court has declared all three protected. How? The answer lies in a legal force as powerful as the text itself: precedent.