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and demo- cratic legitimacy, disability-based criteria are likely to rest on erroneous—or at least highly controversial—judgments about the life
least partially explained by this overall decline in the volume of legislation, which meant that there was less legislation that could be left up to
exploited the regulatory gaps left to accommodate legitimate subprime lenders. The Fed’s new antiflipping provision works to fill in one of these
issues, Smith does not reveal the deficiencies with the regime’s centuries-old justifications. Nor would the model lead to useful results, as it threatens
deference to legislatures in admiration of the legislative process, see Jeremy Waldron, The Dignity of Legislation (1999) × Churchill’s comment about
of distributive justice and democratic legitimacy, disability-based criteria are likely to rest on erroneous—or at least highly controversial
Moreover, the increasing dysfunction of the legislative branch has led many recent commentators to claim that we are living in an age of unprecedented
authorizes the House and Senate to adopt supermajority rules for passing legislation. See Bruce Ackerman et al., Comment, An Open Letter to Congressman
years the President’s party loses on average four governorships, leaving it worse off than before it won the presidency. Winning the White House leads
not end because a few circuit splits are left unresolved. The argu- ment that circuit splits should lead to more prolific Supreme Court review may