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risk of partisan targeting by protecting politics as usual would be driven by, or at least heavily informed by statutory text. After all, legislators
view of law. Let us set aside the claim that “Legal Realism” as a body of scholarship causes federal judges to act in certain ways. I will also defer
describing state legislators who voted for the measures as “tyrants;” one legislator who had been wrongly identified as the sponsor of a gun control
Transp., 102d Cong. 234 (Mar. 5, 1991) (statement of James B. Busey, Administrator, FAA)). 89. See Levine, supra note 54, at 3. LEWINSOHN FINAL 11/21
analysis, which is analogous to Levinson’s “ protestant” strand of constitutional interpretation, leads to the conclusion that innovative historical
; McPherson v. Blacker, 146 U.S. 1, 27 (1892) (stating that the Constitution “leaves it to the legislature exclusively to define the method” of
Professor of Law and Director, Frances Lewis Law Center, Washington and Lee University School of Law. I want to thank Jeffrey Bellin, Melissa Murray, Daniel
change is desirable. The legal basis for approving settlements in administrative proceedings and in court is similar, at least on its face. The
impeachment and confirmation. The leading lesson from Chafetz’s historical primer is that legislative control over the personnel of the state
intricacies of state-level public utility regulation. This lost history of New York’s energy transition provides several important lessons for the modern