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Third, (and partly connected to the preceding) is the development or unfolding of constitutional ideas through legal cases, especially Supreme Court cases.
....and that is when you run into trouble like Scalia said when he stated if you like all of your decisions you're doing it wrong, to paraphrase. My feeling is the Wise Latina, Margaret Sanger Ginsberg, and refuse to recuse Kagan, like their decisions all the time. They aren't going by the law they're rewriting the law to what the feel comfortable with.
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