New parlor game. Name a Supreme Court case in which constitutional history was determinative.
.@barryfriedman1 Different: Breyer J said in NOEL CANNING arg he couldn't find history supporting recess appointment as tool of executive.
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@Profepps Is different. If the burden rests on those who must prove history determinative it will rarely be met. Ergo the point. -
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@barryfriedman1 has anyone in our lifetimes said anything new about the reason why the Constitution is binding? -
@Profepps Even if they have it gets more and more remote from how we actually govern ourselves. Almost an inverse relationship at times.
End of conversation
New conversation -
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