constitutional law Archives - Independence Institute

Why the District of Columbia should not be a state 0
- May 2, 2021
In presidential contests D.C. voters do not seriously weigh the merits or demerits of presidential candidates. The District is a dependency of the federal government, and its electorate invariably votes for the party that offers more government
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Defending the Constitution from the ‘living constitutionalists’0
- April 23, 2021
“In practice, “living constitutionalism” converts our Constitution into a parchment loin cloth to cover political pudenda.”
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Defending the Constitution: The Framers did not violate their trust 0
- April 20, 2021
The overwhelming majority of the framers had been given full authority to propose a new government. Charges that they did not are based on ignorance.
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Defending the Constitution: Why the Founders couldn’t abolish slavery 0
- April 4, 2021
Before criticizing the Founders, w]e must understand the choice they faced: (1) tolerating a vile institution that was (then) dying anyway or (2) consigning the American continent to perpetual warfare at a cost of millions of lives and incalculable misery.
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Defending the Constitution: The ‘Three-Fifths Compromise’ was not based on racism 0
- March 29, 2021
If you assume that counting persons is the proper basis for congressional representation, it’s easy to see how one could misread the reduction for slaves and the exclusion of non-tax-paying Indians as expressions of racism. However, many, probably most, of the framers did not think counting persons was the proper basis for representation.
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How states should push back against the Biden administration 0
- March 22, 2021
States can refuse to cooperate with a federal program or enforce an unconstitutional federal law.
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