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yeah, that question is why im particularly concerned about this political context. The potential to enforce a wide swathe of laws regardless of constitutionality is a very big weapon in the context of a race-to-the-bottom situation balkanization acceleration and such
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i do not think this is a good right to leave to the states bc mostly bc it changes the political situation from "supreme court may play calvinball every so often based on political context" to "every state constantly plays calvinball" and the constitution is Good Actually
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