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Jonathan Chait thinks invoking the constitutional option would be a good idea.
There's even a precedent for this: moves to revisit the rules by invoking the constitutional option have been made three times, most recently in 1975.
Now he and his donors must try to achieve their goal in court without invoking the constitutional provision they believe gives their cause legitimacy.
Mr Chait says Mr Klein misunderstood him; he advocates invoking the constitutional option as a last resort if the early-August deadline nears with no deal in sight and markets are already starting to freak out.
Two gay men are invoking the constitutional guarantee of equal protection to challenge a Texas law that criminalizes conduct between same-sex couples that is not a crime when engaged in by people of opposite sexes.
But if it responds to Mr Chavez's violations of his own charter by invoking the constitutional right to rebellion, this is condemned, at home and abroad, as coup-mongering.This week, two things combined to put the opposition's dilemma into sharp focus.
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Supporters of earmarks, like the Senate majority leader, Harry Reid of Nevada, were quick to invoke the Constitutional defense on Tuesday.
In defending Project 51, the proposed Islamic cultural center in lower Manhattan, advocates have primarily invoked the constitutional right to freedom of religion.
As a matter of Fifth Amendment analysis, one question is whether giving one's name is sufficiently "testimonial" to invoke the constitutional protection against self-incrimination.
Mr. Schulz and Ms. Shamsi invoked the constitutional right of the public to observe "the most important terrorism case of our time" and to debate counterterrorism policies taken in its name.
Instead of accepting the status quo, Congress could use this premise (obvious to everyone but the justices) to enact new limits on contributions to "independent" groups; it could invoke the constitutional rationale that such contributions have the ability to corrupt federal officeholders and government decisions.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com