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What is the central issue in every constitutional case? What is the question of institutional choice? What types of sources/arguments do lawyers and judges consult

  1. What is the central issue in every constitutional case?
  2. What is the question of institutional choice?
  3. What types of sources/arguments do lawyers and judges consult in answering that
  4. question?
  5. What makes for an easy constitutional case? What makes for a hard one?
  6. What is an institutional argument?
  7. What are the three big questions of institutional choice we will be studying this
  8. semester?

  1. What is federalism? What question of institutional choice does it pose?
  2. What is separation of powers? What question of institutional choice does it pose?
  3. What are individual rights? What question of institutional choice do they pose?
  4. Federalism, separation of powers, and individual rights are all both controversial and
  5. uncontroversial. How can this be?
  6. Where do the strengths and weaknesses of different institutions come from?

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