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Originally posted by Mmmm, Burger (C.J.)
Sure, but what Bilmore said Allard said.
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Interesting.
Scalia's suspicion of legislative intent seems relevant here. And consider what happened when the Supreme Court interpreted the Privileges and Immunities Clause. The language in these things can take a life of its own.
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On sovereignty, I agree, it's turning things on their head, or some part of the body, perhaps the elbow. But that doesn't mean it can't be done.
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I didn't mean to say that it couldn't be done, only that it didn't strike me as a plausible explanation for your interpretation of the second sentence. Obviously, Allard undercuts me some, although he's not parsing the language.