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Courts are T only insofar as they are interpreting enacted, positive laws

Andrew T. Hyman 14, The Institute for Intermediate Study (tifis.org), 2010 to present, Associate Attorney, 2000-2009, Ware Fressola, Van Der Sluys and Adolphson, LLP; J.D., 1994, Lewis and Clark Law School; B.S., 1987, University of Massachusetts at Amherst, “THE SUBSTANTIVE ROLE OF CONGRESS UNDER THE EQUAL PROTECTION CLAUSE,” 42 S.U. L. Rev. 79, Lexis

Part III focuses on the last three words of the EPC, emphasizing the meaning of the word "laws" that was firmly established as of 1868. Lawyers understood the word "laws" (plural) to exclude the decisions of courts, except insofar as courts construe positive laws. The deliberate choice of the words "of the laws," instead of the narrower language "of its laws," envisioned a pivotal role for laws made by Congress.

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