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US lawmaking has a distinctive failure mode: because of the Constitution's absolute language and extensive jurisprudence, lawmakers can please their base by enacting bad, overreaching or stupid laws and then hope the courts will narrow or overturn them before they detonate.
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This moral hazard is not evenly distributed: if you are the party that decries "activist judges" and campaigns on the idea that governments are bad at everything, then enacting bad laws and then having them overturned serves your cause especially well.
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On a totally different subject, let's talk about Ronald Reagan. After Reagan saw Matthew Broderick's classic technothriller WAR GAMES, he became convinced that America needed a far-reaching cybercrime bill, something Fed prosecutors had been demanding for years.
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