The 14th Annual Harlan Institute Virtual Supreme Court Competition: Patriots v. Loyalists

Should the United Colonies declare independence from Great Britain?

The Harlan Institute is pleased to announce the Fourteenth Annual Virtual Supreme Court Competition. This competition offers teams of two high school students the opportunity to research cutting-edge constitutional law, write persuasive appellate briefs, argue against other students through video chats, and try to persuade a panel of esteemed attorneys during oral argument that their side is correct. This year, in honor of America's 250th Anniversary, the competition will focus on the case of Patriots v. Loyalists.

Patriots v. Loyalists

Before The Honorable Continental Congress

Oral Argument Date: July 3, 1776

 

Statement of the Case

In honor of America's 250th birthday, the Harlan Institute will host a very special Virtual Supreme Court Competition for the October 2025 Term. We will re-enact the debates over independence in the form of a moot court competition. Teams of two high school students will make the legal case for and against independence through written and oral advocacy. The top two teams that advance will present oral arguments in the case of In Re Declaration of Independence before a panel of federal judges in a very special location. 

Coaches can register their teams at the Institute for Competition Sciences.

 

Question Presented:

Should the United Colonies declare independence from Great Britain?

 

Primary Sources

This is a "closed" competition. Students will be limited to the use of the following primary sources that existed prior to July 4, 1776. Students cannot rely on the benefit of hindsight or knowledge of what happened after the Declaration of Independence was adopted.

 

Before 1773

1. 1690 - John Locke's Second Treatise of Government - Chapters XVII (Of Usurpation), XVIII (Of Tyranny), XIX (Of Dissolution of Government)
2. March 22, 1765 - The Stamp Act, passed by the British Parliament
3. May 29, 1765 - Virginia Resolves on the Stamp Act, by Patrick Henry
4. October 19, 1765 - Resolution of the Continental Congress in response to the Stamp Act ("The Stamp Act Congress")
5. March 18, 1766 - An Act Repeaåling the Stamp Act by the British Parliament
6. 1768 - Letters from a farmer in Pennsylvania, to the inhabitants of the British Colonies concerning the Stamp Act by John Dickinson
7. March 1770 - The Bloody (Boston) Massacre by Paul Revere
8. November 20, 1772 - The Rights of the Colonists, Samuel Adams (Boston Committee of Correspondence)

1773

1. March 12, 1773 - Virginia Resolutions Establishing A Committee of Correspondence
2. April 9, 1773 - Committee of Correspondence (Transcription), Boston
3. May 10, 1773 - Tea Act Resolution by the British Parliament
4. May 28, 1773 - Resolutions of the Massachusetts House of Representatives Agreeing to the Virginia Proposal
5. October 16, 1773 - The Philadelphia Resolutions in response to the Tea Act
6. November 29, 1773 - Meeting of the people of Boston at Faneuil Hall to prevent the sale of East Indian Company Tea
7. December 16, 1773 - Tea, Destroyed by Indians
8. December 17, 1773 - Diary of John Adams after the Boston Tea Party

1774

1. March 31, 1774 - The Boston Port Act in response to the Boston Tea Party, by the British Parliament
2. May 13, 1774 - Circular Letter of the Boston Committee of Correspondence
3. May 20, 1774 - The Massachusetts Government Act, by the British Parliament
4. May 20, 1774 - The Administration of Justice Act
5. May 20, 1774 - The Mecklenburgh (North Carolina) Resolutions
6. May 23, 1774 - Letter from the New York Committee of Fifty-One to the Boston Committee of Correspondence
7. May 27, 1774 - Association signed by 89 members of the late Virginia House of Burgesses
8. June 2, 1774 - The Quartering Act, by the British Parliament
9. July 1774, A Summary View of the Rights of British America, by Thomas Jefferson
10. July 18, 1774 - Fairfax County (Virginia) Resolves
11. July 19, 1774 - Proceedings of the Committee of Correspondence, New York
12. September 9, 1774 - Suffolk (Massachusetts) Resolves
13. September 9, 1774 - Heads of Grievances and Rights, Continental Congress
14. September 30, 1774 - Motion on Nonexportation and Defense, Continental Congress
15. October 10, 1774 - Message to General Gage, Continental Congress
16. October 14, 1774 - Declaration and Resolves of the First Continental Congress (The Bill of Rights; a List of Grievances)
17. October 20, 1774 - Response from General Gage
18. October 20, 1774 - Continental Association, Continental Congress
19. December 1774 - Novanglus (John Adams) and Massachusettensis (Daniel Leonard)
20. 1774 - Considerations on the Nature and Extent of the Legislative Authority by James Wilson
21. 1774 - A very short and candid appeal to free born Britons, an anonymous pamphlet

1775

1. January 13, 1775 - Address to New Jersey Provincial Assembly, by Governor William Franklin 
2. March 22, 1775 - Speech of Edmund Burke, Esq. On Moving His Resolution for Conciliation with the Colonies
3. March 23, 1775 - Give Me Liberty or Give Me Death, Patrick Henry
4. July 6, 1775 - A Declaration by the Representatives of the United Colonies of North-America, Now Met in Congress at Philadelphia, Setting Forth the Causes and Necessity of Their Taking Up Arms by the Continental Congress
5. July 8, 1775 - Olive Branch Petition from the Continental Congress to the King
6. July 31, 1775 - Resolution, Continental Congress
7. August 23, 1775 - A Proclamation for Suppressing Rebellion and Sedition by King George III
8. November 9, 1775 - Agreement of Secrecy adopted by the Continental Congress
9. November 9, 1775 - Instruction to Delegates in Congress, The Pennsylvania Assembly
10. 1775 - Taxation no Tyranny, by Samuel Johnson
11. 1775 - Tyranny Unmasked: An Answer to a Late Pamphlet Entitled Taxation no Tyranny

1776

1. January 10, 1776 - Common Sense by Thomas Paine
2. March 1776 - Plain Truth by James Chalmers (Candidus), a response to Common Sense
3. April 12, 1776 - Halifax (North Carolina) Resolves by the North Carolina Assembly
4. May 13, 1776 - Notes of Debates in the Continental Congress, John Adams
5. May 15, 1776 - Preamble to Resolution on Independent Governments, Continental Congress
6. May 15, 1776 - Resolutions of the Virginia Convention Calling for Independence
7. June 7, 1776 - Jefferson's Notes of Proceeding in the Continental Congress
8. June 7, 1776 - Lee Resolution introduced by Richard Henry Lee
9. June 10 and 11, 1776 - Journal of the Continental Congress
10. Drafts of the Declaration of Independence
    • Composition Draft
    • Fragment of the Composition Draft
    • Rough Draft of the Declaration
11. June 14, 1776 - Instruction to Delegates in Congress, The Pennsylvania Assembly
12. June 28, 1776 - Journal of the Continental Congress
13. June 29, 1776 - Constitution of Virginia
14. July 1, 1776 - Journal of the Continental Congress
15. July 1, 1776 - Arguments against the Independence of these Colonies by John Dickinson (Manuscript)
16. July 1, 1776 - Diary of John Adams
17. July 1, 1776 - John Adams to Samuel Chase
18. July 2, 1776 -  Journal of the Continental Congress
19. July 4, 1776 - Journal of the Continental Congress

 

Preliminary Round

Deadline: November 20, 2025 (11:59 PM ET)

All teams are invited to participate in the Preliminary Round. There will be a written component and an oral component. Submissions will be graded based on this rubric.

Written Component

Teams will be asked to answer the following ten questions in a neutral, objective fashion. At this point of the competition, teams are not yet advocating for or against a position. Each answer should be at least 200 words but no more than 1,000 words, and must cite at least two primary sources. This competition is "closed," and students cannot cite any other sources. Carefully proofread the assignment for spelling, grammar, and usage. The use of generative AI is prohibited. Teams that are found to have used AI will be immediately disqualified.

1. Discuss the role that the Stamp Act played in the relationship between Great Britain and the Colonies from 1765 to 1772.
2. Discuss how the Colonies, and in particular the Committee of Correspondence, responded to the Tea Act Resolution of 1773.
3. Discuss how the Colonies responded to the Intolerable Acts of 1774 (The Boston Port Act, The Massachusetts Government Act, and the Quartering Act).
4. Discuss how the actions of the Continental Congress in 1774 moved the Colonies towards declaring independence. 
5. Describe the arguments advanced by patriots in pamphlets, speeches, and other writings from 1774–1776 that supported declaring independence.
6. Describe the arguments advanced by loyalists in pamphlets, speeches, and other writings from 1774–1776 that opposed declaring independence.
7. Discuss the Continental Congress's efforts of reconciliation with Great Britain in 1775.
8. Discuss the deliberations of the Continental Congress in June and July 1776 that led to declaring independence.
9. Discuss how the text of the Declaration of Independence changed throughout different drafts in June and July of 1776.
10. Discuss writings, speeches, and other sources that influenced the Declaration of Independence.

Oral Component

Teams will be asked to present their ten questions in the form of an oral argument. Each student will answer five questions. Students are to avoid reading off prepared remarks (whether on paper or on a device), and must maintain eye contact. These recordings will be uploaded to YouTube. The recording must last at least fifteen minutes.

 

The Semifinal Round

Deadline: January 29, 2026 (11:59 PM ET)

Teams that advance to the Semifinal Round will be asked to prepare a "Petitioner" brief on behalf of the Patriots in support of independence. Teams will use this template. The brief should address at least the following seven topics: (i) the Stamp Act; (ii) the Tea Act; (iii) the Intolerable Acts; (iv) writings in support of independence; (v) loyalist writings in opposition to independence; (vi) attempts at reconciliation; and (vii) whether the Declaration of Independence should be adopted.

Oral argument will be scheduled over Zoom during the week of February 10. 

 

The Round of 8

Deadline: March 19, 2026 (11:59 PM ET)

The top eight teams that advance will be asked to prepare a "Respondent" brief on behalf of the Loyalists in opposition to independence. Teams will use the same template.

Oral argument will be scheduled over Zoom during the week of March 23. 

 

The Round of 4

The top eight teams that advance will participate in the Round of 4 during the week of April 6, 2025.

The Championship Round

The top two teams will advance to the Championship round which will be held in Washington, D.C. in a very special location at the end of April or beginning of May. The Harlan Institute will cover airfare and hotel for the students and up to two chaperones per team.