"Just as the price of peace and union in 1789 was a bill of rights against the center, so the price of peace and (re)union in 1866 was a bill of rights against the periphery."
--Akhil Reed Amar, Bill of Rights
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It would seem, then, that a government which could separate these two functions (deciding what is right and deciding what is fair) might have a chance to create a society which could avoid the transcendent and immanent extremes of the past. It is our contention that this is what the Fathers of the new American nation accomplished in establishing an independent judiciary charged with interpreting the Constitution.
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