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The ‘Independent Legislature Doctrine’—and Why It Frightens So Many on the Left

The ‘Independent Legislature Doctrine’—and Why It Frightens So Many on the Left
The state Capitol building in downtown Raleigh, N.C., on Jan. 17, 2021. Logan Cyrus/AFP via Getty Images
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Commentary
Some in the media and academia have been hyperventilating about a point of constitutional law they call the “independent legislature doctrine.” They worry that the doctrine could produce more Republicans in Congress.
Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution” (4th ed., 2025). He is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”
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