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U.S. Constitution

The U.S. Constitution

Archival records, profiles, and educational resources since 1995.

A Justice Called It a ‘Kafkaesque Nightmare’

A Justice Called It a ‘Kafkaesque Nightmare’

There are phrases you expect to see in a Supreme Court opinion: jurisdiction , standing , irreparable harm , maybe even equity . “Kafkaesque nightmare” is not usually on the list. And yet on Monday, Justice Ketanji Brown Jackson put those words in writing, in a dissent tied to the Court’s emergency...

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McIver’s Immunity Claim Takes a Hit in Newark ICE Case

McIver’s Immunity Claim Takes a Hit in Newark ICE Case

There is a question I used to put to my civics students when we hit the “Speech or Debate” Clause in Article I: What, exactly, counts as doing your job in Congress ? This week, a federal appeals court handed down a blunt answer in the case of Rep. LaMonica McIver of New Jersey. If the government’s...

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3D-Printed Guns and the Law’s Cat-and-Mouse Problem

3D-Printed Guns and the Law’s Cat-and-Mouse Problem

There is a familiar American rhythm to new technology. It expands individual power. Government tries to fence it in. People immediately look for the gaps in the fence. 3D-printed guns are living inside that rhythm right now. States are experimenting with a new idea: do not just punish illegal...

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Judge Denies Minnesota Bid to Keep ICE Agent Christian Castro in Texas Jail

Judge Denies Minnesota Bid to Keep ICE Agent Christian Castro in Texas Jail

Minnesota’s effort to keep ICE agent Christian Castro locked up in Texas hit a wall this week, after a federal judge declined to step in with an emergency order. The ruling denies federal intervention, meaning Castro could be released when his Texas detention period expires Thursday if no rendition...

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A ‘Kafkaesque Nightmare’ at the Supreme Court

A ‘Kafkaesque Nightmare’ at the Supreme Court

When a sitting Supreme Court justice reaches for the phrase “Kafkaesque nightmare,” you should not treat it as rhetorical garnish. That is a flare shot into the sky. Justice Ketanji Brown Jackson used those words in a dissent tied to the Court’s latest emergency decision involving mail-in voting...

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Judge Denies Minnesota Bid to Keep ICE Agent Christian Castro Jailed in Texas

Judge Denies Minnesota Bid to Keep ICE Agent Christian Castro Jailed in Texas

Minnesota asked a federal court to step in during an extradition standoff with Texas. In an emergency request, Minnesota asked a federal judge to stop Cameron County, Texas, from releasing ICE agent Christian Castro from jail while Texas decides whether to send him to Minnesota to face felony...

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ABC Sues the FCC: Can Regulators Pressure What You Watch?

ABC Sues the FCC: Can Regulators Pressure What You Watch?

When people think about the First Amendment, they often picture a clear dividing line: the government cannot censor speech, and the press is free to publish what it chooses. Broadcast television sits in a more complicated place. Local stations operate using federal licenses, and those licenses are...

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Warnock’s 3-step power plan and the constitutional choke points

Warnock’s 3-step power plan and the constitutional choke points

Sen. Raphael Warnock has sketched a three-step playbook for what Democrats should do if they claw back congressional power: investigate Southern redistricting , add new states , and push a constitutional amendment that guarantees the right to vote . It is an ambitious sequence, and it is also a...

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A Justice Called It a ‘Kafkaesque Nightmare’

A Justice Called It a ‘Kafkaesque Nightmare’

When Supreme Court writing turns literary, it is usually because something has gone off the rails. On Monday, Justice Ketanji Brown Jackson used a phrase that had never appeared in a Supreme Court justice’s dissenting opinion before: a “Kafkaesque nightmare.” She was describing the procedural maze...

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Georgia Redistricting Case Revived: What the Appeals Court Ruling Means

Georgia Redistricting Case Revived: What the Appeals Court Ruling Means

Redistricting lawsuits can feel abstract until you translate them into the question underneath them: who gets a fair chance to elect representatives, and under what rules ? On August 23, 2024, the U.S. Court of Appeals for the Eleventh Circuit sent key parts of Georgia’s 2021 redistricting...

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Supreme Court Mail-In Voting Ruling Explained: What Changes Now

Supreme Court Mail-In Voting Ruling Explained: What Changes Now

Mail-in voting sounds like a simple administrative choice. Put a ballot in an envelope, mail it, count it. But when the Supreme Court issues an emergency order and a state signals more litigation, you are no longer talking about envelopes. You are talking about who gets to write the rules of...

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Can Sex Offenders Run for School Board? What California Law Allows

Can Sex Offenders Run for School Board? What California Law Allows

Proposals to tighten who may hold public office tend to generate loud reactions, especially when they involve schools. One version that regularly returns to state capitols, including in California, raises a blunt civic question: can a registered sex offender legally run for school board or other...

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How Impeachment Works in the House: What Al Green’s New Resolution Does

How Impeachment Works in the House: What Al Green’s New Resolution Does

When a House member files an impeachment resolution, the headlines often make it sound like the constitutional gears have already started grinding toward removal. They have not. Rep. Al Green of Texas has filed another resolution calling for the impeachment of President Donald Trump. The filing...

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Can the U.S. Revoke Visas From Asylum Seekers?

Can the U.S. Revoke Visas From Asylum Seekers?

Visas feel like permission slips. You have one, you show it, you enter, you stay until the date on the stamp. But U.S. immigration law treats a visa as something narrower and more fragile: a travel document that lets you seek admission at a port of entry. Once you are inside the United States, your...

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USPS Mail-In Ballots and the New Federal Portal Fight

USPS Mail-In Ballots and the New Federal Portal Fight

You can tell this dispute is not really about envelopes when the pressure point is not “fix your postage,” but “make your ballot mail match our data format.” Critics frame it that way, anyway. USPS frames it differently: as a modernization and visibility effort for election mail. The gap between...

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Trump’s “Iran Is Completely Collapsing” Post and Bessent’s Sanctions Push, Explained

Trump’s “Iran Is Completely Collapsing” Post and Bessent’s Sanctions Push, Explained

When a sitting president posts “IRAN IS COMPLETELY COLLAPSING!!!” in all caps, it reads like a dispatch from the front line. That is exactly how the internet treated it on August 24, 2026: as if the United States had just received confirmation that Iran’s government was falling in real time. But...

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What the NSA Can and Cannot Do: Election Intelligence, Oversight, and the Constitution

What the NSA Can and Cannot Do: Election Intelligence, Oversight, and the Constitution

When a memo or whistleblower story claims the National Security Agency sat on election-threat reporting, the instinctive question is personal: Who decided that, and are they allowed to do it? But the real answer is structural. The NSA lives inside a constitutional machine with three kinds of...

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Can a President Impose 50% Tariffs on Canada?

Can a President Impose 50% Tariffs on Canada?

The Constitution puts the power to impose tariffs in Congress , not the President. Article I gives Congress authority to “lay and collect Taxes, Duties, Imposts and Excises” and to “regulate Commerce with foreign Nations.” In the founding design, tariffs were supposed to be a legislative choice...

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Firing the Newsroom: Stars and Stripes, the First Amendment, and Congress’s Job

Firing the Newsroom: Stars and Stripes, the First Amendment, and Congress’s Job

When the Pentagon fires the top leaders of a newspaper that exists to serve American service members, it is tempting to reach for a single tidy headline: censorship . But the harder question is the constitutional one. What does the First Amendment actually protect inside a newsroom where the...

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Prediction Markets, Gambling, and the Supreme Court

Prediction Markets, Gambling, and the Supreme Court

Prediction markets force a blunt constitutional question that America keeps dodging: when citizens put money behind a belief about the future, are they gambling, or are they participating in something closer to a public information system? That question is no longer academic. State regulators argue...

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