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Daniel J. Smyth

“reasonable speakers of English” and founders about how alterations, revisions, or repairs—not just amendments—to the Articles of Confederation could not be complete substitutes. The reason is that technically the Articles permitted alterations-not amendments—to itself. A RTICLES OF C ONFEDERATION art. XIII. And before the Philadelphia Convention assembled, the Confederation Congress had given the convention the mission of revising and altering the Articles. See infra Part III (discussing the context of the Philadelphia Convention). It was simply the case that

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Robert G. Natelson

-06-02-0313 (arguing that the power to establish post roads includes authority to repair the roads) (last visited Feb. 28, 2018). but surveying and laying it out, cutting and improving it, and dedicating it. L AWS OF M ARYLAND , 1765, c. xv (reproducing “an Act to establish a road,” to include clearing, opening, repairing, and financing the road); id . 1783, c. xi (reproducing a law to “lay out and establish a public road,” including appointment of commissioners, authorizing them to lay out the road of a specified width, and providing for compensation to injured landowners); 7 T

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James E. Pfander

Congress could exercise significant control. Id . at 499-500. III Then-Judge Scalia’s Critique of Standing Doctrine One can leam much about Justice Scalia’s broad concerns with the content of standing law from a relatively brief paper, published in 1983 as a revised version of a lecture he delivered at a law school. See Scalia, The Doctrine of Standing as an Essential Element of the Separation of Powers , supra note 7. In the paper, then-Judge Scalia identified three features of standing law as puzzling or in need of repair. First, and most generally, he