"It empowers states to deprive their citizens of the most clearly established and unassailable rights," says Vladeck. "It's incredibly dangerous – if our constitutional rights are only as good as state legislatures choose to allow them to be, then they are not worth anything. It promotes the tyranny of the majority."
Mitchell's legal idea can be applied to anything from "campaign finance law, to a gun-control measure … to an abortion regulation," he writes…
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