May 25, 2014

RULE OF LAW: “The Supreme Court has been quietly revising its decisions years after they were issued, altering the law of the land without public notice.”

Congress has the power to police this, under its power to “make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” It could, for example, require final copies of opinions to be deposited with the National Archive before those decisions take effect, with revisions made only if the Archivist is involved.