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the Muscogee Nation for departing from this default and rejected the implication that it was “easier to divest” them of their land be- cause they had
national banks to sell data-processing services. They claimed that the ruling would damage their businesses by subjecting them to more competition. That
overlapping targets. Yet the subsidies themselves, the way they are allocated, and the institutions that distribute them are substantially different. These
the proliferation of market claims at the expense of their integrity. They thereby prioritized the collective goal of jurisdiction building over
they are not.64 The question remains whether there is a viable path to effectuate change around these vestiges of the past. To mount a constitutional
explore the Congress-first position’s implicit normative commitments and ask whether they are met in practice. Part II then examines the Congress
one of these mechanisms might be driving the result and they are essentially observationally equivalent in our data. Second, and relatedly, there are
sufficiently incentivized to provide the best oppor- tunities to the art fund. Given that many of them are gallerists and dealers themselves, they
governmental and the nongovernmental, and whatever other entities they can, all to bring them closer to whatever their aspirations may be. Fifth
the Religion Clauses and the social and cultural movements that pressed for their inclusion in the Bill of Rights.19 It is the theory that best