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a routine feature of legislation, and one explicitly contemplated by legislators, going back at least as far as the APA—the “subconstitution” for the
to agree, that is, with no public deliberation (let alone agreement) as to what those minimum levels of public services should be. This Article
deductions to attend the schools of their choice). See generally LIBERTY & LEARNING: MILTON FRIEDMAN’S VOUCHER IDEA AT FIFTY (Robert C. Enlow & Lenore T
Gideon, leading to a momentous decision recognizing indigent felony defendants’ Sixth Amendment right to counsel at the state’s expense.6 Gideon leads
diffuse than the power of traditional unions. Operating at the level of the polity would also mean that political unions would generally be less
life after a listless first half—earning him unfettered praise from Joshua Geltzer (Editor-in-Chief, 11), who dubbed him a true leader at every step. Led
goals were no better than mandatory quotas. Labor leaders also criticized hiring goals, let alone quotas, for harmfully pitting white and black workers
existing state-based exchanges (plus the District of Columbia) were established pursuant to legislation.39 The legislative route would lend political
leaving fingerprints throughout these pages; to my friends on the Yale Law Journal, especially Lawrence McMahon, whose masterful editing and
procedure leaves little room for apology and remorse. What room exists is artificial, such as the more or less automatic sentencing discount for