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contract theory posited that citizens joined the political soci- ety on equal terms and that governmental acts therefore had to reflect equal re- gard for
political branches already have many tools at their disposal to cow judges or otherwise resist legal judgments. Addi- tionally, the Madisonian theory that
they did. There are also deeper absences within the book. These undergird the ease of the narrative, which succeeds in its self-proclaimed mission
1930s, they brought with them a half-decade of experience responding to vigorous critiques of the efficacy of litigation, along with their traditional
controversies today. I then note the degree to which the context has shifted significantly in recent decades and suggest that we should therefore expand
of today. Perhaps this reflects the irony that, even as Justices have stepped back from overt political involvement, they themselves have become
these . . . laws have done any good—or done anything at all—is an open question.”49 As for heroes of the law, there are plenty of them in
amended their rules to forbid the acceptance of gifts from lobbyists or firms that employ lobbyists.3 However, these stricter substantive rules will be
for them. They want the songs they want in the order they want. Then it becomes not the new Mary J. Blige album, but their own mix. It’s a much more
stricter and more objective charging guidelines within the executive. These aren’t new ideas. Indeed, they are old, independently good ideas. Their merits