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Not the Trump Apologist Podcast

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Levels of Scrutiny and the Text History and Tradition Test

In this chapter, they discuss the levels of scrutiny and the criticism of using the text history and tradition test in lower courts. They argue that tiers of scrutiny are not mentioned in the Constitution, unlike text history and tradition. They also mention the potential issues with looking at what legislatures do in relation to the Constitution, using the example of the Tennessee legislature.

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