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FEDERALIST NO. 79, supra note 224, at 473-74 (Alexander Hamilton). This attitude also found expression in early Supreme Court decisions. In Martin
Siegel, supra note 2, at 1163 (discussing originalism as employed by Attorney General Meese’s Justice Department). 122. See OFF. LEGAL POL’Y, U.S
Declaration, ATLANTA CONST., Mar. 12, 1956, at 7; Manifesto Text: Court’s Ruling on Schools Called Abuse of Judiciary, NASHVILLE TENNESSEAN, Mar. 13
J. HULSEBOSCH, CONSTITUTING EMPIRE: NEW YORK AND THE TRANSFORMATION OF CONSTITUTIONALISM IN THE ATLANTIC WORLD, 1664-1830, at 8-9 (2005). Yet this
public school students still attend the traditional school to which they are geographically assigned.”). Id. at 1123 (“Recent research directly
survive, Marshall never filed his opinion attacking marital status discrimination, and Stanley’s legacy for equal protection law remained 98. Id. at 22
107. Id. at 38 (“Though the City attempts to trivialize the abuse inflicted upon Franchina while working for the Department by giving it short shri
Cir. 2018). 70. Higgins v. New Balance Athletic Shoe, Inc., 194 F.3d 252 (1st Cir. 1999); see also Franchina, 881 F.3d at 54 (describing Higgins as
First Amendment jurisprudence is fickle. Sometimes it is transformed in prominent, widely known cases, like Citizens United. At other times, it is
result of the standard. authors. A. Douglas Melamed is Professor of the Practice of Law at Stanford Law School. Carl Shapiro is the Transamerica Professor