Directive 000-004: Constitutional Issues
With the announced retirement of Justice David Souter, we expect that constitutional issues will be on your radar in the upcoming weeks. A few points to keep in mind.
1. It should be assumed that the constitution is a “living document”. That is, the requirements of constitutional government can be adapted to changing ideological needs by its creative reinterpretation by politically correct Supreme Court Justices. In most cases this need not be stated explicitly, but should should act as a fundamental concept through which the perspective of your writing should be formed.
2. The emphasis given to the importance of stare decis will depend on the specific case under discussion. For example, when discussing Roe v. Wade, stare decis will be the most important factor in the discussion. By contrast, in discussing D.C. v. Heller, stare decis should play almost no part. The Directorate‘s Task Force on Rhetorical Efficacy has determined that this strategy is most effective if cases in which stare decis should be downplayed are mentioned as little as possible.