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Nathanial Gorham argued that [a]ll agree that a check on the Legislature is necessary. But there are two objections ag[ainst] admitting the Judges
imprac- ticable-and-anomalous label, but actually applies an entirely different test: one in which a court need only ask what—according to the
establishes the definition of an island as “a naturally formed area of land, surrounded by water, which is above water at high tide” and
include a broader array of workers than the NLRA,114 and binding media- tion or arbitration at an impasse.115 However, state labor law is a “crazy
Categorical federalism’s method first assumes that a particular rule of law regulates a single aspect of human action: Laws are described as about
Act should be seen as a “prod.” Ewing & Kysar, , at 362 n.33. After all, the House bill was dead on arrival in the Senate, which had no incentive to
elections, wasn’t another Article Five amendment required to impose a sweeping ban in all state and local elections? After fierce and extended public
136 (1992) (arguing that accepting a homosexual advance as adequate provocation “reinforces . . . the notion[] . . . that revulsion and hostility are
accompany the substantive rules of a code, the congressional priorities approach will almost always be unmoored from any particular text and will
have at least a veneer of legal plausibility. And, as we see over and over, Justices’ views about the plausibility of those arguments seems closely