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The Founders' Common-Law Empire
Burset, Christian R.
Burset, Christian R.
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Abstract
The Northwest Ordinance of 1787 once had a sure spot in our constitutional canon. The New Deal Congress celebrated it as" one of the greatest civil documents of all time," in part because it marked" a complete change in the method of governing new communities formed by colonization." Rejecting the European model of" second-class colonies," the Ordinance instead framed an" empire of liberty" that treated old states and new territories as equals. That view still has prominent defenders: Professor Akhil Amar" celebrates" the Ordinance's" strong anti-imperialist thrust," while Judge Sutton would put it" on a Mount Rushmore of American laws."