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The Constitution and the Founders
110 posts, newest first (page 1 of 5).
Eight Myths About the Bill of Rights That Civics Classes Keep RepeatingIt did not come first, it did not bind the states, Congress sent twelve, and its loudest critics loved liberty. Eight claims tested against the record. If the Constitution Were Rewritten as a Software License AgreementA labelled satire recasts the Bill of Rights as terms of service the provider may update at any time, to show why secured rights beat granted ones. Twenty-Seven Amendments Out of Over Eleven Thousand Proposals, by the NumbersCongress has proposed over 11,000 amendments and the states ratified 27. Here is the arithmetic of Article V and why the high bar is the point. Structure Protects Minorities Before the Bill of Rights Ever DoesSeparation of powers, bicameralism and federalism stop oppression before it becomes law. Written rights step in only after structure fails. Federalism Lets Fifty States Experiment, and the Constitution Planned ItDividing power between Washington and the states lets a policy be tested in one place before it is imposed on all. The Framers built it that way. Gridlock Is the Constitution Working, Not the Constitution FailingThe friction between House, Senate, President and courts was built to make lawmaking slow and laws durable. Here is the argument, premise by premise. The Constitution Is Not Illegitimate Because Its Framers Held SlavesMany Framers held slaves. The abolitionists, Lincoln and the civil rights movement used their Constitution to end slavery and segregation anyway. The Founders Were Not Just Rich Men Protecting Their PropertyCharles Beard said the Constitution was written to protect the Framers' bonds. Later historians checked his ledger, and it did not balance. Calling the Senate Undemocratic Misses Why It Was Built to Represent StatesEqual Senate votes for Wyoming and California are a deliberate federal design, not a glitch. Here is the critics' best case and the answer. Bills of Rights Alone Never Saved a Republic, Ask the Soviet ConstitutionThe 1936 Soviet Constitution promised free speech while the purges raged. Structure, not a list of rights, is what keeps a people free. Can Congress Do That, Ten Questions About Federal Power AnsweredThe quickest test of any bill is to ask which listed power authorizes it. Ten common questions about federal power, answered with the cases. Eleven Questions About Presidential Power, Answered From Article IIExecutive orders, firings, pardons, privilege, emergencies and immunity. Eleven questions citizens ask about the president, answered from the text. How to Host a Constitution Day Reading in Your Town on September 17Any citizen can organize a public reading of the Constitution on September 17. Here is the plan, step by step, from venue to readers to follow-up. The Founders Fought About Titles, and His Highness Lost to Mr. PresidentIn 1789 the Senate spent weeks deciding what to call George Washington. The plain title won, and it tells you what kind of country this is. The Northwest Ordinance of 1787 Banned Slavery and Promised SchoolsA dying Congress passed a charter in July 1787 that barred slavery, guaranteed rights and pledged schools in the Northwest. A close reading of its articles. Nullification Failed in 1832, and James Madison Himself Said It ShouldSouth Carolina claimed a state could void a federal law and cited Madison. Madison, still alive, said no. The history, and the tools states really have. The Patent and Copyright Clause Is the Only Power With a Stated PurposeOne grant in Article I tells you why it exists. What the Patent and Copyright Clause says, how courts read it, and the case for property in ideas. Coin Money and Regulate the Value Thereof, the Founders' Monetary ClausesThe Founders gave Congress power to coin money and barred states from paper tender after the Continental collapsed. What the clauses mean for the Fed. Actual Enumeration, What the Census Clause Requires Every Ten YearsThe Constitution demands a real count every ten years to divide House seats and electoral votes. What it requires, and the fights since 1790. The Elections Clause Lets States Run Elections and Lets Congress Step InArticle I, Section 4 gives state legislatures the first word on federal elections and Congress the last. Here is how the clause works and why it matters. No Money Shall Be Drawn but by Appropriation, Congress's Power of the PurseHow the Appropriations Clause makes Congress the gatekeeper of every federal dollar, and how much spending now slips past the annual gate. Why the Capital Is a District, the Seat of Government Clause ExplainedWhy the Founders put the capital under Congress's exclusive control, from the 1783 mutiny to the 23rd Amendment, and what it means for statehood. The 25th Amendment Has Four Sections and Only One Has Never Been UsedHow the 25th Amendment settles presidential succession and disability, section by section, from Tyler in 1841 to the Section 4 that waits unused. Term Limits Work for Presidents, So Why Not for Members of CongressThe 22nd Amendment shows term limits can be written into the Constitution. After Thornton, an amendment is the only route for Congress. Here is the case.
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