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Constitutional Remedies: In One Era and Out the Other - Harvard Law Review
Constitutional Remedies: In One Era and Out the Other - Harvard Law Review
“It is a settled and invariable principle,” Chief Justice Marshall once wrote, “that every right, when withheld, must have a remedy.” Not quite. Although some view the idea of a substantive constitutional right without a remedy as oxymoronic, rights to remedies have always had a precarious constitutional status, which the Supreme Court has lately subjected to multifaceted subversion. . . .
·harvardlawreview.org·
Constitutional Remedies: In One Era and Out the Other - Harvard Law Review