What is the test for establishing that historical practice is sufficient to determine whether a fundamental principle is fundamental?
MultiRegion, United States of America
The following excerpt is from United States v. Schaffer, 851 F.3d 166 (2nd Cir. 2017):
60 Montana v. Egelhoff, 518 U.S. 37, 43, 116 S.Ct. 2013, 135 L.Ed.2d 361 (1996) (stating that "[o]ur primary guide in determining whether the principle in question is fundamental is, of course, historical practice").
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