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The “Is The Major Questions Doctrine Bogus?” Edition

Political Gabfest

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The Supreme Court's Decisions on the Constitutional Clauses of the Constitution

The court has not interpreted the elections and electoral college clauses of the constitution to mean just the legislature, stripped away from all the other parts of the state government. There are some good indications from the evidence at the founding that that is not at all what the founders intended. To untangle all that and try to come up with these rulings seems to me to be incredibly impossible. I was so struck, emily, by your comment of the live show, which i know, i'm sure is not original to you, but i'd never really thought about the fact that when you interpret the constitution and you say, we have to look back a how these people thought in the eigtenth

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