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supra note 344, at 840 n.3; THE FEDERALIST NO. 51, supra note 32, at 323 (James Madison) (“Different interests necessarily exist in different
supra note 9, at 25, 108; ROBERT L. STERN ET AL., SUPREME COURT PRACTICE: FOR PRACTICE IN THE SUPREME COURT OF THE UNITED STATES 164 & n.6 (8th ed. 2009
174 S I M O N B R E W E R The Attorney General’s Settlement Authority and the Separation of Powers abstract. This Note presents a novel defense of
elections as national policy referenda that can be legitimately inter- preted as issue mandates.” Farina, supra, at 381 n.105. Some notions of electoral
WHITE 272-86 (1998). 6. See, e.g., id. at 296-97, 499 n.320. 7. N. Sec. Co. v. United States, 193 U.S. 197, 401 (1904) (Holmes, J., dissenting
not unique to LaCroix. See, e.g., Jack N. Rakove, The Origins of Judicial Review: A Plea for New Contexts, 49 STAN. L. REV. 1031, 1047 (1997) (“From
occurred in the mid-nineteenth century and the “nativist fears” this new influx of people triggered. He noted that “[a]n entire political party, the
while another unqualifiedly re- jected this reading, holding that “[n]o reasonable interpretation of ‘applicable to’ can exclude a statute which
“nonmarital.” However, I do not endorse their denigration of nonmarital families. See Mayeri, supra note 21, at 1279 n.4. 27. The tender years doctrine