Sipping My Tea
Strict Scrutiny
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The Constitution in Exile
The Constitution in exile refers to this article from 1995 by Judge Douglas Ginsburg. He bemoans these lost provisions of the Constitution that have essentially been jettisoned and exiled, he says. The idea is that there are limits on the other branches, and courts have limits themselves; we have lost all of this, writes Sotomayor. "What we need to do now is recover and recuperate that Constitution in exile," she adds.
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