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Rule 72 Initiative Preserves the Constitutional Republic

Rule 72 Initiative Preserves the Constitutional Republic
June 19, 2018 Rule72

A republic is supposed to represent all its citizens. Concentrating its power in one location puts the government out of touch with the citizens and creates inbred thinking. The voices government agencies hear most often are the ones of the other agencies and the Washington think tanks. Even with the best of intentions, they become isolated from the rest of the nation.

The fall of the Roman Republic

The Roman Republic covered large territories in Europe, Africa, and Asia at its greatest extent. Its success was its downfall. There was no way, given the technology of the day, to stay in communication between Rome and the distant provinces. Rome had to resort increasingly to force rather than participation to keep its lands together. Ultimately, even force failed.

When the United States came into existence, communication hadn’t changed much. Sending messages to distant states required a horse or a sailing ship. The offices of the federal government had to stay close together. Today, offices can stay in touch instantly, no matter where they reside.

Rule 72, which requires all federal main offices to be located in DC unless exempted, made sense in 1790. Today it’s an impediment to the republic.

Concentration of power

Concentration of power is dangerous to people’s rights. The people in charge become a separate class from the people they govern. They don’t have to be evil for this to happen. The day-to-day interactions with the governing class wear them down, without noticing, into a way of thinking that’s far removed from the outsiders.

When they’re constantly exposed to inside-the-beltway thinking, officials gradually become more concerned with carrying out their assigned tasks and less concerned about whether they’re doing good or harm. If adding some rules infringes on people’s Constitutional rights, does it matter that much? Surely the gain in efficiency is more important than a legal “technicality.”

Enumerated powers

The Constitution enumerates the federal government’s powers. The Tenth Amendment makes it clear that it has only these powers. Even so, the federal government regularly acts as if it has unlimited authority. It stretches the “necessary and proper” and “interstate commerce” clauses into justifications for virtually any action.

When the only people they talk to are other people trying to avoid impediments to their authority, they won’t hear the question “Are we allowed to do that?” very often. What they’ll hear is just “How can we do it?”

The Bill of Rights and the 14th Amendment

The Constitution limits what the government can make people do. The Bill of Rights and the Fourteenth Amendment are special guarantors that it can’t run wild. But they’re subject to interpretation. What constitutes due process? Is it an unreasonable search? What are the “other rights” retained by the people?

It’s hard for Americans who are far away to get the attention of federal officials when they think their rights are in danger. They can write or call, but will anyone pay attention? Hearing from people is one thing. Seeing what’s happening is another, and officials who are concentrated in Washington don’t have as much direct experience of events elsewhere.

Participation for everyone

Like the nominally Roman citizens in the Iberian peninsula or the Middle East, Americans outside a small area often feel they aren’t part of a heavily concentrated government. Their chances of finding work in the higher levels of government aren’t good. Their opportunities for talking to leading officials are limited.

A more dispersed government would be more in touch with its people. It would get more reminders of its Constitutional obligations. It would be a government of all the people, not just of the people in Washington. Rule 72 is an idea whose time has come and gone.


The Rule 72 Initiative is hard at work to repeal the law (Rule 72) that prohibits moving functions of the federal government away from Washington, D.C. If these ideas sound like a positive step towards truly draining the swamp, here are some ways to get involved:

Follow us on Twitter and Facebook.

Contact your representatives and senators (please use phone calls, letters, or postcards; e-mails are generally ignored).

And, if you feel the effort is worth your investment, you can donate to the Rule 72 Initiative as well.

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