The hottest Constitution Substack posts right now

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Republican officials threaten to remove Biden from the ballot

Popular Information • 13915 implied HN points • 08 Jan 24
🇺🇸 U.S. Politics Elections Immigration Constitution Media Democracy
  1. Republican officials are threatening to remove President Biden from the ballot due to his immigration policies.
  2. The threat is based on a white nationalist conspiracy theory and applying the 14th Amendment to disqualify Trump from the ballot.
  3. Media outlets are discussing the implications of removing Trump from the ballot and the constitutional requirements for presidential candidates.

Weekend reader comments.

Today's Edition Newsletter • 7665 implied HN points • 13 Jan 24
🇺🇸 U.S. Politics Immigration Constitution Election interference
  1. Immigration numbers show slower growth than in previous decades, indicating a need for more immigrants.
  2. Professor Timothy Snyder criticizes those who prioritize fear over the Constitution when it comes to Trump's re-election eligibility.
  3. Trump's shifting defense strategy regarding election interference raises questions about consistency and credibility.

Chalk one up for democracy and the rule of law

Lucian Truscott Newsletter • 4559 implied HN points • 06 Feb 24
🇺🇸 U.S. Politics Legal Court ruling Presidential immunity Constitution Impeachment
  1. The U.S. Court of Appeals rejected Trump's immunity claim from prosecution, upholding a previous ruling.
  2. The Court emphasized that former presidents are not above the law and can be prosecuted like any other citizen.
  3. The decision sets a powerful precedent by refuting Trump's legal claims and laying out the details of the charges against him.
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If Salvador Dali painted a Supreme Court appeal

Lucian Truscott Newsletter • 3400 implied HN points • 20 Jan 24
🇺🇸 U.S. Politics Legal Constitution Supreme Court Presidency
  1. Trump's appeal to the Supreme Court regarding his ban from Colorado is seen as surreal because it interprets the 14th Amendment in a peculiar way.
  2. Legal scholars argue that the 14th Amendment should bar insurrectionists from office, without the need for them to hold office first.
  3. Trump's appeal presents a bizarre argument that attempts to sidestep the 14th Amendment's provisions regarding disqualifying insurrectionists.

Donald Trump's perfect world of unlimited power

Lucian Truscott Newsletter • 3498 implied HN points • 11 Jan 24
🇺🇸 U.S. Politics Legal Presidency Impeachment Power Constitution
  1. Donald Trump's legal team argued for immunity from prosecution for his actions as president unless impeached.
  2. Recent court rulings have rejected Trump's claims of immunity from civil lawsuits.
  3. Trump's plans if re-elected include extreme actions like replacing civil service workers and invoking the Insurrection Act.

Warning (if you needed it): Trump is nuts, and he’ll do anything — anything — to win

Robert Reich • 24430 implied HN points • 24 Apr 23
🇺🇸 U.S. Politics Election Constitution Insurrection Republican party
  1. Trump's actions since the 2020 election show he will do anything to win, despite legal and constitutional limits.
  2. The Constitution's disqualification clause exists because those who engage in insurrection cannot be trusted to use proper methods to regain power.
  3. Concerns arise over the possibility of Trump using various tactics to win the 2024 election, especially with loyalists in key positions.

Americans Are Fighting For Control Of Federal Powers That Shouldn’t Exist

Stark Realities with Brian McGlinchey • 1999 implied HN points • 15 Jan 24
🇺🇸 U.S. Politics Federal Government Constitution Supreme Court State power
  1. The intensity of the division in American politics arises from the federal government operating beyond the limits of the Constitution.
  2. The federal government's involvement in various aspects of American life is mostly unconstitutional based on the limited powers granted by the Constitution.
  3. The Supreme Court has played a significant role in expanding federal powers through broad interpretations of clauses like the General Welfare and Commerce clauses.

They Call It Unconstitutional, But Don't Impeach

husseini • 1257 implied HN points • 17 Jan 24
🇺🇸 U.S. Politics Constitution Impeachment Congress Foreign Policy
  1. Both Democrats and Republicans in Congress have called Biden's bombing of Yemen unconstitutional, but no one is pursuing impeachment.
  2. Impeachment is a significant legal remedy that can be used by Congress to address presidential actions that are unconstitutional.
  3. Even with just one member of Congress, introducing an impeachment resolution can have a significant impact on the conversation and uphold the rule of law.

The President is a Murderer? No Problem!

OLD GOATS with Jonathan Alter • 864 implied HN points • 11 Jan 24
🇺🇸 U.S. Politics Presidential immunity Judges Constitution Legal Proceedings
  1. A three-judge panel heard oral arguments about Trump's immunity from prosecution, revealing potential weaknesses in his legal arguments.
  2. The jurisdictional issue over Trump's immunity appeal could complicate the case and delay the legal process.
  3. If Trump loses with the three-judge panel, he may seek an en banc review, potentially further delaying the case and involving the Supreme Court.

unqualifying immunity

bad cattitude • 146 implied HN points • 12 Mar 24
🇺🇸 U.S. Politics Government Accountability Policy Justice Constitution
  1. Eliminating the concept of 'qualified immunity' can shift power towards accountability to the people
  2. Individuals with power and influence should be held to higher standards and face consequences for transgressions
  3. Supporting civil liability for bad actors, rather than hiding behind 'just doing my job,' can promote accountability and deter misconduct

Battle Cry of Freedom

Pitchfork Papers • 294 implied HN points • 02 Feb 24
💾 History Constitution Slavery Federal Government
  1. The American Civil War saw both sides claiming to fight for freedom, but with conflicting interpretations and motivations.
  2. The Confederacy justified their fight for freedom while supporting slavery, relying on selective readings of historical documents.
  3. The Union, while fighting against slavery, also had inconsistencies in how they interpreted constitutional rights and the power of individual states.

The End of Racial Discrimination and the Beginning of National Self-Knowledge

Glenn Loury • 1906 implied HN points • 13 Aug 23
🇺🇸 U.S. Politics Affirmative Action Constitution
  1. Racial discrimination has been a part of America's history but is being addressed through legal decisions.
  2. Limited affirmative action may have been necessary in the past, but now it's time for a more race-neutral approach.
  3. The Supreme Court's decisions on affirmative action highlight the importance of upholding the principles of equality and individualism.

BREAKING: Gorsuch Rule on Lockdowns and Mandates

COVID Reason • 3105 implied HN points • 18 May 23
🇺🇸 U.S. Politics Government Civil Liberties Supreme Court Constitution
  1. Supreme Court Justice Neil Gorsuch speaks out against lockdowns and mandates, highlighting the erosion of civil liberties during the Covid era.
  2. Gorsuch consistently defended the Constitution and challenged Covid restrictions on religious liberty.
  3. Gorsuch's opinions underscore the need to balance public health concerns with protecting individual freedoms and the importance of robust debate in decision-making.

Bad Arguments and Good Historians

Thinking about... • 241 implied HN points • 03 Feb 24
🇺🇸 U.S. Politics Legal Constitution Presidency Supreme Court
  1. The President of the United States is considered an officer of the United States under the Constitution
  2. Disqualifications under Section 3 of the Fourteenth Amendment apply instantly, without requiring a conviction or special law from Congress
  3. Section 3 of the Fourteenth Amendment is not limited to the 1860s and was created to prevent future insurrections

Supreme Court Justice Neil Gorsuch on the Biomedical Security State

Human Flourishing • 2849 implied HN points • 20 May 23
🇺🇸 U.S. Politics Legal Constitution Public Health
  1. Supreme Court Justice Neil Gorsuch emphasizes the importance of not allowing emergency decrees to undermine the constitutional order.
  2. Gorsuch warns against the abuse of emergency powers by both state and federal officials during times of crisis.
  3. There is a need for judicial or legislative oversight to prevent executives from unilaterally declaring ongoing states of emergency.

Law or Fear

Thinking about... • 198 implied HN points • 07 Feb 24
🇺🇸 U.S. Politics Law Supreme Court Constitution Presidency Insurrection
  1. The Supreme Court is considering Trump's disqualification based on an insurrection and violation of oath.
  2. Section 3 of the Fourteenth Amendment sets qualifications for presidential office, including not being an oath-breaking insurrectionist.
  3. Choosing between law and fear is highlighted in the context of enforcing constitutional principles like Section 3.

What’s a prez to do? Buchanan and secession

A User's Guide to History • 255 implied HN points • 20 Jan 24
🇺🇸 U.S. Politics Presidents Secession Civil War Constitution Reconstruction
  1. James Buchanan faced challenges as a 'lame duck' president during a time of political turmoil
  2. The Dred Scott case and John Brown's raid heightened tensions between the North and South
  3. Buchanan struggled with deciding how to address secession, emphasizing the complexity of peaceful reconstruction after the Civil War

The timeless language of the Constitution

A User's Guide to History • 196 implied HN points • 31 Jan 24
🇺🇸 U.S. Politics Constitution 14th Amendment Donald Trump Supreme Court Interpretation
  1. The Constitution was written to prevent chaos and disunity in the early days of the United States.
  2. Over time, parts of the Constitution have become outdated and needed to be amended or scrapped.
  3. Interpreting the Constitution for modern relevance can be a complex process, especially with changing societal norms.

BREAKING NEWS: Trump v. Anderson Ostensibly Saved Trump’s Presidential Campaign. In Fact It Ended It—As a New Federal Lawsuit That Could Be Filed At Any Moment Would Quickly Establish.

Proof • 48 implied HN points • 07 Mar 24
🇺🇸 U.S. Politics Legal Impeachment Constitution Legislation Presidential campaign
  1. The _Trump v. Anderson_ decision clarified that only Congress, not the States, has the authority to disqualify individuals from federal office, with legislation or impeachment as potential mechanisms.
  2. The ruling emphasized a majority vote of Congress as sufficient to establish a disqualification, rather than a super-majority vote.
  3. The Supreme Court did not explicitly state that legislation is the exclusive means for enforcing Section 3 of the Fourteenth Amendment, leaving room for impeachment as a valid mechanism.

The Führer Next Time

Unpopular Front • 50 implied HN points • 01 Mar 24
🇺🇸 U.S. Politics Conservatism Presidency Constitution Trumpism Power Dynamics
  1. Some right-wing supporters are advocating for a form of leadership that consolidates power and enforces ideology through the presidency, exceeding traditional boundaries.
  2. This approach outlined by some conservatives involves expanding executive power over the other branches of government, reducing checks and balances.
  3. Despite the desire for a more authoritarian leadership style, the success of such power grabs remains uncertain and potentially farcical.

Government Agents Routinely Entering Private Lands Without Warrants

Stark Realities with Brian McGlinchey • 642 implied HN points • 01 Jul 23
🇺🇸 U.S. Politics Government Rights Legal Constitution Privacy
  1. Government agents are entering private land without warrants, exploiting a 1924 Supreme Court decision allowing such actions.
  2. Privacy rights have been undermined due to the open fields doctrine that permits warrantless searches and trespassing beyond the curtilage of a home.
  3. In response to government overreach, legal actions are being taken at the state level to protect private property rights against unauthorized government intrusion.

America's First Black President Left A Legacy Of Slavery

Stark Realities with Brian McGlinchey • 880 implied HN points • 01 May 23
🇺🇸 U.S. Politics Presidency War Intervention Regime Change Constitution
  1. America's first black president left a legacy of slavery in Africa due to regime change in Libya.
  2. Obama's war power hypocrisy was evident in his actions in Libya, contrary to his earlier stance on military attacks.
  3. The intervention in Libya was based on false pretenses, such as claims of an imminent genocide in Benghazi, and served various ulterior motives.

Neo-Majorityism

Demodexio • 132 implied HN points • 21 Dec 23
🇺🇸 U.S. Politics Government Democracy Constitution Judiciary Legislature
  1. Avoid empowering short-term majorities through direct referendums or short terms-in-office for legislators.
  2. Current legal systems can easily disrupt the will of the majority, making governing slow and rigid.
  3. There is a potential for a more direct rule by the majority with less interference from courts, but it should be a majority built over time, not from a single election.

Founding the American Way of Life

The Redneck Intellectual by C. Bradley Thompson • 687 implied HN points • 02 May 23
🇺🇸 U.S. Politics Government Constitution Revolution
  1. Americans in 2023 are concerned about their nation's present and future.
  2. The American way of life was once seen as morally superior and built on a strict moral code.
  3. The founding fathers of America aimed to shape a moral culture through the Constitution that promoted virtues like freedom, rational self-interest, and individual rights.