The Champion

August 2007 , Page 32 

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(Not So) Lovely Rita

By Steven G. Kalar, Jon M. Sands

A Non-Binding Presumption, for Non-Binding Guidelines, for our Non-Binding Constitution

You say you want a revolution
Well, you know
We all want to change the world
You tell me that it’s evolution
Well, you know
We all want to change the world. . .
You say you’ll change the constitution
Well, you know
We all want to change your head
You tell me it’s the institution
Well, you know
You better free your mind instead . . . .

The Beatles, Revolution (1968)1 

I. Justice Breyer’s Lonely Booker Club Band

A. You Say You Want a Revolution . . .  

It is the fate of legal revolutions to disappoint. This has proven particularly true for the Supreme Court’s sentencing jurisprudence. The sentencing revolution that began in Apprendi v. New Jersey,2 and was carried forward in Blakely v. Washington,3 took a strange turn in Booker v. United States,4 when the Court held that the U.S. Sentencing Guidelines (the “Guidelines”) were unconstitutional because their mandatory nature requ

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