The hottest Constitution Substack posts right now

And their main takeaways
Category
Top U.S. Politics Topics

Regency or Ruin: The 25th Amendment, Trump the Chaos-Monkey, & Zero Adult Supervision of the Use of American Power

Brad DeLong's Grasping Reality • 338 implied HN points • 24 Jun 25
🇺🇸 U.S. Politics Government Leadership Constitution Political parties Foreign Policy
  1. The current leadership struggles with issues of competence and decision-making at the highest levels of government. This creates a chaotic environment where important decisions may not get the thoughtful consideration they need.
  2. There's a concern that the political system is not functioning well, particularly in managing presidential incapacity. Mechanisms like the 25th Amendment and impeachment seem ignored, even when they might be necessary.
  3. The lack of experienced, serious leaders in the political landscape is troubling. Without capable individuals to step in, the risks of poor governance increase, potentially leading to significant consequences for the country.

Who Were the ‘We the People’ Back in 1787?: Race, Law, & Original Constitutional Sin

Brad DeLong's Grasping Reality • 238 implied HN points • 21 Jun 25
🇺🇸 U.S. Politics Constitution Race Law History Politics
  1. The concept of 'We the People' in the U.S. Constitution originally referred mainly to white citizens, with racial exclusion being a key part of that history.
  2. Some legal arguments today echo past ideas about racial citizenship, questioning who is included in the legal definitions set by the Constitution.
  3. There's ongoing debate about the historical voting rights of free Black men during the time of the Constitution's ratification, showing complexities in understanding who had a voice back then.

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.
Get a weekly roundup of the best Substack posts, by hacker news affinity:

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.

What Is a Constitution?

God's Spies by Thomas Neuburger • 70 implied HN points • 28 May 25
🇺🇸 U.S. Politics Constitution Government Legal system Civil Rights Political theory
  1. The American Constitution has changed three major times, usually during crises, to fix problems with the earlier versions.
  2. The current Constitution has strayed far from what was originally agreed upon, indicating that we might need a new one soon.
  3. Many rights and protections in the Constitution have been weakened or ignored, showing a shift in how they are applied today.

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.

The Dilemmas of Democracy

The Honest Broker Newsletter • 1717 implied HN points • 17 Feb 25
🇺🇸 U.S. Politics Democracy Governance Constitution Political theory Executive Power
  1. Democracy relies on a mix of regular people and experts working together. Everyone is a bit ignorant, but collaboration can help us make better decisions.
  2. Respecting the Constitution is key for effective governance and means no one group gets everything they want. Compromise and understanding are essential in a democracy.
  3. How leaders respond to challenges today will affect the future of governance. They need to be responsible and committed to including everyone in the decision-making process.

What the heck is free speech?

Random Minds by Katherine Brodsky • 220 implied HN points • 22 Jan 25
🇺🇸 U.S. Politics Free speech Constitution Political Views Public Discourse
  1. Different people have their own ideas about what free speech means, which can lead to misunderstandings. It's important to clarify what we mean when we talk about it.
  2. The author sees free speech as mainly about being free from government punishment, but acknowledges there are limits to this freedom, like laws against violence.
  3. Private companies can set their own rules for speech on their platforms, and this shouldn't be mistaken for a violation of free speech rights.

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.

This Election, Prepare for the Unexpected

Contemplations on the Tree of Woe • 3348 implied HN points • 01 Nov 24
🇺🇸 U.S. Politics Elections Law Political strategy Constitution Campaigns
  1. The outcome of the upcoming presidential election could be very unpredictable. Even if a candidate seems to win, a lot could still happen before they take office.
  2. There are serious questions about the rules governing how votes are counted and certified. Changes have been made to laws, but misunderstandings and disputes could complicate the process.
  3. The possibility of legal challenges is high if there's a conflict after the election. Various interpretations of laws can lead to confusion about who is actually president if issues arise.

America’s Conservative Party

Dana Blankenhorn: Facing the Future • 59 implied HN points • 07 Oct 24
🇺🇸 U.S. Politics Parties Populism Elections Democracy Constitution
  1. The roles of the Democratic and Republican parties have changed. Nowadays, Democrats are seen as the ones supporting individual rights and national defense, while Republicans under Trump lean towards populism.
  2. Populism in America has deep roots, especially in religious communities. This shift has been influenced by technology, money, and changes in the legal framework regarding church and state.
  3. Democracy is facing significant challenges, but there's hope that non-religious Republicans may distance themselves from the current party leadership. The democratic system might need rebuilding in the future.

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.

A Solon, a King, or a Tyrant?

Gideon's Substack • 28 implied HN points • 10 Feb 25
🇺🇸 U.S. Politics Constitution Executive Power Political theory Elections Authoritarianism
  1. There are different views among Trump's supporters about what kind of leader they want him to be. Some see him as a potential king or tyrant, while others hope he can restore the republic.
  2. Many believe that Trump’s use of executive power might lead to a significant change in the American political system. This has sparked concerns about whether it could evolve into a form of dictatorship.
  3. It’s important to recognize the differences among supporters' visions for America’s future. Understanding these differences can help shape the opposition's strategy moving forward.

The MAGA Carta

Diane Francis • 979 implied HN points • 09 May 24
🇺🇸 U.S. Politics Constitution Legal Government Judiciary Elections
  1. The Magna Carta was the first document to say that the king isn't above the law. This idea is important for keeping leaders in check.
  2. The U.S. Constitution builds on this idea by creating guidelines for how power should be shared and controlled among the government.
  3. There is concern about a Supreme Court case that could give a president legal immunity while in office, which goes against the principle that no one is above the law.

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.

They Call It Unconstitutional, But Don't Impeach

husseini • 1257 implied HN points • 17 Jan 24
🇺🇸 U.S. Politics Constitution Impeachment Congress Foreign Policy War Powers
  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.

BREAKING: Gorsuch Rule on Lockdowns and Mandates

COVID Reason • 3132 implied HN points • 18 May 23
🇺🇸 U.S. Politics Government Civil Liberties Supreme Court Executive orders 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.

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.

Revenge of the Statesmen

Adam's Legal Newsletter • 539 implied HN points • 09 Mar 24
🇺🇸 U.S. Politics Legal Judicial Elections Constitution Federalism
  1. Marbury v. Madison case set a precedent where judicial decisions can have questionable rationales but still deliver impactful results
  2. In the Trump v. Anderson case, the Supreme Court aimed for practical solutions, left doors open for legislative action, and made decisions that balanced unanimity with legitimacy
  3. States should have the authority to apply federal law, including constitutional law, without needing explicit permission, as highlighted by the issues faced in the Trump v. Anderson case

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

Glenn Loury • 1924 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.

Birthright Citizenship and the "Living Constitution"

Gideon's Substack • 23 implied HN points • 21 Jan 25
🇺🇸 U.S. Politics Citizenship Constitution Executive orders Immigration
  1. Trump's executive order aims to end birthright citizenship for children born to unauthorized immigrants and could lead to legal challenges. This decision raises questions about American citizenship and the original intent of the Fourteenth Amendment.
  2. The debate on this issue may split both liberal and conservative judges based on their judicial philosophies versus their political beliefs. Some may see the need for a 'Living Constitution' that adapts to today's context, while others may adhere strictly to the Constitution's original text.
  3. International comparisons show that other countries have restricted birthright citizenship, complicating arguments for maintaining the current U.S. policy. The outcome of potential legal battles may impact how democracy and constitutional interpretation are understood in America.

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.

Is the Supreme Court seriously going to disqualify Trump? (Redux)

Adam's Legal Newsletter • 659 implied HN points • 21 Dec 23
🇺🇸 U.S. Politics Law Supreme Court Election Insurrection Constitution
  1. Chances of the Supreme Court disqualifying Trump are low but improving, now estimated at around 20%.
  2. The conventional wisdom leans towards the Supreme Court reversing the Colorado Supreme Court's decision, considering factors like democratic norms and legal arguments.
  3. There is a small chance, about 15%, that the Supreme Court might affirm the Colorado Supreme Court's decision to disqualify Trump, based on the quality of legal reasoning in the case.

ADDENDUM E: Suspension of Habeas Corpus Under Article I, Section 9 – Constitutional Tools for National Defense

Autodidact Obsessions • 12 implied HN points • 21 May 25
🇺🇸 U.S. Politics Constitution Judiciary National Security Civil Liberties
  1. The Constitution allows for the suspension of habeas corpus during times of invasion or rebellion. This means that in emergencies, judicial processes may need to take a backseat to national security.
  2. Historical cases show that leaders have the authority to act swiftly during crises, even without waiting for approval from Congress. This is to ensure the country's safety when traditional methods might fail.
  3. Modern threats like covert operations and illegal foreign police activities can be seen as a form of invasion. If the government can't suspend habeas corpus during such times, it risks losing the ability to protect its own sovereignty.

On Disney v. DeSantis

Adam's Legal Newsletter • 1038 implied HN points • 15 May 23
🇺🇸 U.S. Politics Law Government Contracts Free speech Constitution
  1. Florida's actions against Disney in response to their criticism of new laws may violate Disney's constitutional rights, including the First Amendment and the Contracts Clause.
  2. The specific laws enacted by Florida to target Disney and revoke their contracts could be considered unconstitutional under the Contracts Clause, regardless of the stated intentions of the lawmakers.
  3. The legal battle between Disney and Florida showcases the complexities of constitutional law and the potential implications of using legislation to retaliate against private entities for exercising their rights.

Why I Think Alexander Hamilton's Big Constitutional Convention Speech Is Worth Reading Today

Brad DeLong's Grasping Reality • 192 implied HN points • 17 Jan 25
🇺🇸 U.S. Politics Constitution Democracy Governance Political theory Historical Analysis
  1. Hamilton's big speech at the Constitutional Convention is important because it shows his true thoughts on government and leadership. He believed in strong national leadership, even suggesting that Washington should be a monarch.
  2. Current political systems from the 1960s and even the founding era have not worked well, leading to frustration with both leftist and centrist politicians. There's a need for a better approach to ensure government truly reflects the people's needs.
  3. The discussion about democracy today often misses the point. It's not just about people expressing their views, but also about having representatives who really listen and act on those values.

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 Citizens
  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.

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.

Trump's Indictment is Good for America

OLD GOATS with Jonathan Alter • 550 implied HN points • 01 Apr 23
🇺🇸 U.S. Politics Corruption Justice Elections Racism Constitution
  1. Trump's indictment is seen as beneficial for American democracy to hold corrupt politicians accountable.
  2. The size of Trump's support may be overestimated, as his fundraising is comparatively low for politics.
  3. The efforts to prosecute Trump are necessary to prevent presidents from being above the law, even if he is acquitted in the end.

Shared governance is dead in Florida

Science Forever • 537 implied HN points • 28 Apr 23
🇺🇸 U.S. Politics Governance Florida Education Academic Freedom Constitution
  1. Shared governance in Florida higher education is facing challenges, with Governor DeSantis asserting significant control.
  2. There's a misunderstanding of shared governance, with some trustees using it as a reason to micromanage instead of collaborating with campus experts.
  3. DeSantis' office claims he holds all decision-making power over universities in Florida, jeopardizing academic freedom and the roles of faculty senate and student government.

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

NOTE TO SELF: "Coin Money, & Regulate the Value Thereof..."

Brad DeLong's Grasping Reality • 176 implied HN points • 25 Nov 24
🇺🇸 U.S. Politics Federal Reserve Constitution Political Debate Supreme Court
  1. The Federal Reserve's role and its constitutionality are often misunderstood, especially by some Republicans. They argue that it shouldn't have the power to manage money since only Congress can do that.
  2. The creation of money has evolved, and while paper money existed, it was not the same as coins issued by the government. Now, Federal Reserve Notes are more like promises from banks rather than actual money made by Congress.
  3. There are concerns that the current Supreme Court may not interpret the Constitution properly regarding these financial matters, as it is seen as being influenced by political agendas rather than legal principles.