Section 5 Question

[Shubha Ghosh]

>>>I assume the answer is that Congress can try to >>>predict what the SCt would
>>>say about a particular right and be "congruent and >>>proportional" to that.
>>>Then, when the courts review the statute, they do >>>their independent
>>>analysis of what rights are. The statute is then >>>upheld if Congress, well...
>>guessed right. That must be it, don't you think?

Oh of course that's right. It seems an odd way to run a government. The Court has provided neither rules nor standards from what I can see (but as you suggest in a different email, Prepaid is revealing). As a result, we seem to have government by guesswork.

I will respond to the aff action analysis later. Have to run.