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that successfully imple- menting these proposals, and defending them against legal challenges, requires understanding their relationship to the NIRA
if the meaning of the codified positive-law text is clear, then that meaning is conclusive, and there is no need to look to the original text or any
up of expert jurors, chosen for their expertise, and not necessarily their socioeconomic station. The practice of these “special juries” stretches
possible value to society in these magazines,” it recognized that they might prove valuable to others and were therefore “as much entitled to the
would be anomalous. The Draft Restatement’s emphasis on the theo- retical features that these theories share underscores this impression: the new
would be anomalous. The Draft Restatement’s emphasis on the theo- retical features that these theories share underscores this impression: the new Draft
interchangeably. These findings, fully consistent with no existing theory, are in themselves deeply puzzling. They are all the more so, I show, when viewed
historians of the Rev- olution perceived when they sought to create a narrative that would shore up their new and fragile country. There is so much in
within their territories. We explore the entanglement theory and the consequentialist alternative not because they exhaust the field but because the
human beings, to be sure, and their ‘personhood’ often serves as a useful legal fiction. But they are not themselves members of ‘We the People’ by