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Reckless Legislation examines several salient cases of legislators circumventing constitutionality. The examples include regulation of the Internet by Congress and two state legislatures; reliance by legislatures in Minnesota, Indiana, and Tennessee on "experts" to justify passage of unconstitutional laws; repeated passage of unconstitutional laws in New York and Missouri relating, respectively, to religion and abortion; as well as the efforts by members of Congress to reverse Supreme Court decisions they deem faulty or harmful.
Bamberger urges legislators to avoid the political motives that lead to "reckless legislation" and recommends that they "make full use of the full panoply of available support services for a better and deeper knowledge of the issues raised."
|1||A Brief Historical Overview||15|
|2||Children, Fear, and the Internet||35|
|3||The Wright Brothers' First Plane Didn't Fly Either||71|
|4||A Constitution-Proof Law||97|
|5||If At First You Don't Succeed, Try, Try Again||111|
|7||Advisory Opinions and Other Proposed Remedies||167|
|Statistical Appendix: Analysis of a Survey of Legislators, Legislative Counsels, and Offices of the Attorneys General||199|