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abortion Ackerman agency decisions Amendment American constitutional American Political argued argument authority Bonham's Burger Casey China civil law claims coded Coke Coke's common law conditional spending Congress Congressional constitutional law contemporary Corwin court decisions critical legal studies cultural decision-making democratic differentiation doctrine Due Process Energy and Commerce Establishment Clause example federal courts Federalist feminist jurisprudence Fourteenth Amendment Free Exercise Clause Gillman Harvard Law Review higher law hypotheses Ibid individual institutions Interior interpretation involved issues joint opinion Joseph Story judges judicial review Judiciary Committee jurisprudence Law Review Legal Positivism legal system legislative legitimacy liberal liberty Lochner Madison ment modern natural law originalist percent Political Science principles Qing Quarterly reactions reason regulation Rehnquist religious role S.Ct scholars Sherbert test significant social society spending power staffer statute Supreme Court theory tion tional tradition U.S. Supreme Court University Press variable Warnke