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Section will discuss each in more detail. Both motivations for separating powers at the statutory level harken back to the concerns about faction 40
versity of approaches to difficult questions instead of “winner-take-all solu- tions,” 39 facilitates experimentation that is “easier to correct,” 40
and of the Federal Courts: A Comment on the Horizontal Effect of the Sweeping Clause, 40 LAW & CONTEMP. PROBS. 102, 107 (1976) (arguing that Congress
rule of necessity follows. The Court itself has strongly implied—and several state courts have expressly held— as much. 40 Fundamental-rights law
Turkish ship. A ship flying the Turkish flag, the court held, fell under the territorial jurisdiction of Turkey.40 Yet, in coming to this conclusion, the
twenty percent from 2008 to 2010 compared to an actual decline of forty percent). 14. Id. at paras. 32-34. 15. Id. at paras. 40-41. 16. Id. at app. A-1
implied—and several state courts have expressly held— as much. 40 Fundamental-rights law aside, the Court’s reasoning in its confinement cases
“executive Power” in the “President of the United States.”40 Reflecting the views of “unitary executive” theorists, Lawson claims that by vesting such
amendment’s ratification might offer additional reasons to prefer the alternative construction.40 The constitutional purpose behind the amendment might im
imagined challenges to laws against bigamy, bestiality, and obscenity,39 or, say, drug use, kidney sales, suicide, or slave wages,40 among others, an