New parlor game. Name a Supreme Court case in which constitutional history was determinative.
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Replying to @barryfriedman1
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@barryfriedman1 do you mean WAS determinative or was CLAIMED BY THE JUSTICES to be determinative?2 replies 0 retweets 0 likes -
Replying to @Profepps
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@barryfriedman1 Different: Breyer J said in NOEL CANNING arg he couldn't find history supporting recess appointment as tool of executive.1 reply 0 retweets 0 likes
Replying to @barryfriedman1
.@barryfriedman1 Interesting take: how often does the Court rely on history without doing the #brownvboard "can't turn clock back" foldo.
2:55 PM - 28 Feb 2014
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