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binding, even if not an absolutely binding, force. In the Catholic religious context, the doctrine of infallibility is one means by which this tradition is
substance. That is, it argues that even if section 5 has been damaging in the way Thernstrom suggests, that damage is not cause to invalidate the regime. Part
Constitution from a domestic territory of the United States, acquired . . . in virtue of the Constitution.” Even if that were all they stood for, the Insular
its nature. If analogous to public legislation, it would be read pragmatically; if more like private legislation, it would be construed narrowly
Clause to legislate regarding a rule of customary international law, but if Congress wishes to enact legislation to implement a treaty, it must invoke
Peter J. Smith | Yale Law Journal Peter J. Smith 110 Yale L.J. 1187 (2001) Narrowly construed, Pennhurst is a sensible (even if not necessary
possession, which Rubenfeld presents as a helpful way to define the harm of rape. She argues that if the concept represents exclusive physical control over
Making U.S. sovereignty and similar forms of U.S. control his touchstone, he “aims to show what U.S. history would look like if the ‘United States
become a public charge.”2 This, the public charge exclusion, aims to stop noncitizens from enter- ing and remaining in the country if they are likely
making education-policy choices. Indeed, private schools are incentivized to meet the needs of tuition-paying parents and students, even if the