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REV. 657, 708 n.167 (2011) (“What counts as an interpretation of the con- stitutional text as opposed to a nontextual norm or convention depends on
Fitts, supra note 11, at 967 n.173; John O. McGinnis, The Inevitable Infidelities of Constitutional Translation: The Case of the New Deal, 41 WM
COLUM. L. REV. 263, 307 n.191 (2006) (noting that State Farm now serves as “common contemporary shorthand for the requirement that agencies
concept of “independent sufficiency.” In my frame- work, I identified two types of sufficiency: strong and weak. Katz, supra note 4, at 497 n.25
See Laycock, supra note 27, at 844 n.23. Idaho has enacted a state RFRA, although note 23 fails to say so. Id. at 845 n.26. 29. See Robin Fretwell
since the 1970s). 52. At one point, Schoenbaum refers to “[l]arge-scale relocation policies,” Schoenbaum, supra note 5, at 477 & n.116, which is not at
the 1970s). 52. At one point, Schoenbaum refers to “[l]arge-scale relocation policies,” Schoenbaum, supra note 5, at 477 & n.116, which is not at all
al., supra note 1, at 1714, 1747 n.247. 56. DANIEL PATRICK MOYNIHAN, U.S. DEP’T OF LAB., THE NEGRO FAMILY: THE CASE FOR NA- TIONAL ACTION 29 (1965
progress. Id. at 133. Mayhew notes that the same cannot be said for the Civil Rights Acts of 1964 and 1965. See id. at 133 n.106. 232. See supra note 53
supra note 5, at 183-84, 335 n.41 (pointing out that not all historians share Fischer’s antipathy toward presentism, and arguing that the difficulty is in