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  • Defending the Constitution: The ‘Three-Fifths Compromise’ was not based on racism

    Defending the Constitution: The ‘Three-Fifths Compromise’ was not based on racism0

    • 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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  • The Constitution's Financial Terms0

    • October 28, 2015

    Note: This was originally a four-part series published at the leading constitutional law website, “The Volokh Conspiracy,” which is affiliated with the Washington Post. This succession of four parts discusses such questions as why the Supreme Court was wrong to characterize the Obamacare insurance penalty as a “tax,” why the apportionment requirement was adopted and

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  • Time Mag’s Constitutional Baby Babble0

    • June 26, 2011

    Several readers sent me for comment a lengthy cover article in Time Magazine by managing editor Richard Stengel. Stengel’s piece is one result of new public interest in our Constitution and in “first principles”—interest that has forced political liberals (Stengel has been a paid Democratic activist) to think about the document’s real meaning.  Previously, of

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