Presidential Acts of Constitutional Interpretation Almost all early Presidential vetoes were on grounds of unconstitionality. The Court argued that its interpretation of the Constitution is binding on all other political actors. Their oaths to uphold the Constitution are oaths to uphold the Supreme Court's interpretation of the Constitution. Congress is not given the power to decide what substantive rights people have under the 14th Amendment or what actual restrictions that Amendment places on the states. Its authority is limited to enacting laws to remedy constitutional violations where the courts have determined they exist.
Past precedents are final and irrevocable.
Past precedents have presumptive force that varies from case to case. The degree to which the precedent has been accepted by the public and the other branches. The degree to which the precedent has been incorporated into statutory law and other Court decisions. Arguments for Stare Decisis Promotes rule of law, by binding the government to definite rules fixed beforehand. Promotes fairness, by ensuring that similar cases are treated similarly.