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According to many democracy theorists, there is an unavoidable trade-off between constitutionalism and the need for political action. This paper criticizes that belief. Rather, it argues that a division of power, while sometimes entailing high political transaction costs, can nevertheless be...
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The relationship of immigration law to the Constitution has long been incoherent. One result is that there is little … between the government's immigration power and the Constitution. Despite the extensive early history of the Foreign Commerce …
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