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to answer these questions themselves. Then there is the problem of forum shopping, which undermines federalism values by enabling litigants to
’ scopes do not in fact overlap, there is no conflict to resolve. If the two regimes’ scopes do overlap, however, then the court selecting between them
what makes them competitive theories of the nature of legal content. If (7) is in the same boat as (1)-(6), then it is a substantive theory of legal
and institutions rely on the guidance to make plans and investments, or to see their status or the harms they suffer recognized. These reliance
value that they attach to the execution of their idiosyncratic vision. Investors, by contrast, value control because it allows them to minimize
set that interpretation aside under the Electors Clause.23 The Moore Court alluded to these debates but declined to take any position on them
good-behavior tenure forfeited their offices upon a finding of misbehavior in the ordinary courts.”9 They see the Clause as providing a means for the
creation of these customary norms and the difficulties inherent in establishing their exist- ence suggest that they should have only persuasive, not