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The Rights as Trumps Side Constraint in American Law
The author argues that the founding era conception of how rights were supposed to work is actually a lot closer to what we call proportionality. The reason we form societies is to protect the rights of the people who live there, she says. Figuring out where your rights in mind begin and end is not one that's very easily outsorce to judges, even if they are often reasons why Judges do have to be involved.