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Bush Administration’s use of torture against detainees captured as part of the post-9/11 war against terrorism is a useful illustration of how
deadlines (“drop dates”) are: February 22 at 5 PM, April 4 at 5 PM, July 9 at 5 PM, and September 12 at 5 PM. After each drop date, the Committee
people’s democratically elected representatives.”9 It was a domestic version of this charge, based on a belief that judicial review is inconsistent
7. 440 U.S. 715 (1979). 8. Id. at 718. 9. Id. 10. Id. at 740. 11. Id. 12. Kamen v. Kemper Fin. Servs., Inc., 500 U.S. 90, 98 (1991). 13
does more for the power and quality of federal law than would the Freund-Fletcher alternative. 9. 42 U.S.C. §§ 9601-9675 (1994). 10. 15 U.S.C
2001); Mitchell N. Berman, Constitutional Decision Rules, 90 VA. L. REV. 1, 9, 167 (2004); Henry P. Monaghan, The Supreme Court 1974 Term—Foreword
aff ’d, 649 F. App’x 589 (9th Cir. 2016). 9. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 527-28 (2009). 10. Hells Canyon All. v. U.S
painting.9 8. There is a body of jurisprudential work that would effectively limit the power in view here to coercive power, to force. Hans Kelsen, for
Chevron review”). the jurisprudence of “degree and difference” 731 deference to agency interpretations.9 To be sure, the Court has issued other im
110 CONG. REC. 2786 (1963) (statement of Rep. Williams). 9. Id. 10. Id. See also Justin Driver, Supremacies and the Southern Manifesto, 92 TEX. L