Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical practices it codified

question presented is: Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment’s Notice Clause and the historical practices it codified. I. The text and history are clear. In the Founding Era and immediately afterward, courts, prosecutors, and defendants in England and America treated the fact of a prior conviction necessary to satisfy a statutory recidivism enhancement as an element of an aggravated crime to be alleged in the indictment and proved to a jury at trial. The text of the Notice Clause codified this common-law practice. A crime’s “nature” included all allegations necessary to distinguish one statutory offense from another. A prior-conviction allegation served to differentiate between the offense applicable to first-time offenders and the one aimed at recidivists. The second question presented is: Whether, in light of the historical record, Almendarez-Torres should be overruled. i