Problemas
3. In your opinion, how does the reliance on precedent shape the function of the Supreme Court?Provide an example of how a specific preceden has influenced a recent __ faciling
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Respuesta
The reliance on precedent shapes the function of the Supreme Court by guiding its decisions based on past rulings. An example of a specific precedent influencing a recent decision is "Obergefell v. Hodges" (2015), where the Court relied on the precedent of "Loving v. Virginia" (1967) to rule that same-sex couples have a constitutional right to marry.
Explicación
## Step 1The Supreme Court is the highest judicial body in the United States, and it plays a crucial role in interpreting the Constitution and federal laws. One of the key principles that guide the Supreme Court's function is the reliance on precedent, also known as "stare decisis". This principle means that the Court looks to past decisions of similar cases to guide its decisions in current cases.## Step 2The reliance on precedent ensures consistency and predictability in the legal system. It allows for the development of common law, where legal principles are developed through the decisions of courts and similar tribunals, rather than through legislative statutes.## Step 3An example of how a specific precedent has influenced a recent decision is the case of "Obergefell v. Hodges" (2015). In this landmark decision, the Supreme Court ruled that same-sex couples have a constitutional right to marry. The Court relied on the precedent set by "Loving v. Virginia" (1967), which struck down state bans on interracial marriage.## Step 4In "Obergefell", the Court applied the principle of equal protection under the 14th Amendment to extend marriage rights to same-sex couples, drawing on the precedent of "Loving v. Virginia". This shows how the reliance on precedent shapes the function of the Supreme Court by allowing it to build on past decisions to address contemporary issues.