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The Short History and Checkered Tradition of “History and Tradition” – Ius & Iustitium
https://iusetiustitium.com/the-short-history-and-checkered-tradition-of-history-and-tradition/
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In three major cases at the end of June, the Supreme Court has relied upon a “history and tradition” test to define the scope of constitutional rights and federal powers. Writing for the Court in D…