constitutional law Archives - Independence Institute

The Electoral College: The target of politicians who would make things worse 0
- May 14, 2020
If we were to cut the presidency down to constitutional size, it wouldn’t matter so much that on rare occasions the position’s occupant was not the popular vote winner.
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The “right to travel”0
- May 10, 2020
Most people would recognize the right to travel as an inherent, natural right of free people, and the courts say that it is the Constitution. But is it really there?
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Civics 101: How to understand the Constitution 0
- May 3, 2020
“Here’s an important, but widely overlooked, feature: The document doesn’t grant power only to federal officials. It also confers power on persons and entities who are not part of the U.S. government at all.”
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COVID-19 and the Constitution 0
- April 27, 2020
The Constitution’s flexibility in emergency is why the late Justice Robert H. Jackson once said, “The Constitution is not a suicide pact.” But emergencies do not cause the Constitution to vanish.
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New article shows how amendments conventions and other “federal functions” are regulated 0
- April 21, 2020
“[A]nother mistake is that because an amendments convention executes a federal function, Congress can control it. But . . . the rules and protocols for carrying out federal functions come from the Constitution, not from Congress.”
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A defense of the Electoral College 0
- April 5, 2020
“… when Hamilton stated . . . that he believed electors would use “information and discernment,” that is not very good evidence that future electors did in fact use information and discernment. But it is quite good evidence that Hamilton and his readers believed the Constitution empowered electors to do so.”
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