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

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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
Rob Natelson
|Updated:
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.
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Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor, is Senior Fellow in Constitutional Jurisprudence at the Mountain States Policy Center and the Independence Institute. He authored “The Original Constitution” (4th ed., 2025) and is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”
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