The hottest Constitution Substack posts right now

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

Last Rights

Astral Codex Ten • 32279 implied HN points • 11 Mar 26
🇺🇸 U.S. Politics Constitution
  1. Congress is deeply unpopular and its members have little incentive to pass reforms that would reduce their power, so fixes that require Congressional approval are unlikely to happen.
  2. Ratifying the old Congressional Apportionment Amendment would expand the House to thousands of representatives without Congress’s help, which would make gerrymandering harder, reduce the influence of big money, and make representatives more locally accountable.
  3. The amendment contains a long-noted typo that could prompt a legal showdown over textualism versus originalism, but most expect courts to uphold the amendment’s intended meaning; to become law it still needs 27 more states to ratify.

March 21, 2026

Letters from an American • 30 implied HN points • 22 Mar 26
đź’ľ History Constitution
  1. The Confederacy explicitly grounded its government in the belief that Black people were inferior and that slavery was its foundational principle.
  2. Lincoln and the Union rejected that worldview, fought the Civil War, and the nation adopted the 13th, 14th, and 15th Amendments to abolish slavery and guarantee equal protection and voting rights.
  3. Southern states tried to limit Black freedom with Black Codes and other measures, but Congress used its power to enforce the new amendments and move the country toward the ideals of equality despite continued resistance.

Management Under a Mad King: The Courtiers Who Try to Clean Up.

Breaking the News • 2667 implied HN points • 04 Feb 26
🇺🇸 U.S. Politics Constitution
  1. When billionaire owners prioritize profit or personal goals, they can cripple essential institutions like major newspapers through deep cuts and reorganizations.
  2. Impulsive, ill-informed orders from a national leader can threaten democratic processes and critical services—such as moves to federalize state election rules or to decertify foreign-made aircraft—forcing urgent, wide-ranging damage control.
  3. Officials and aides often respond with vague or anonymous clarifications instead of openly correcting dangerous or unconstitutional directives, which undermines transparency and leaves the public unsure who is actually governing.

How Far Can Trump Go in Iran? Here’s What the Law Says.

Common Sense with Bari Weiss • 510 implied HN points • 01 Mar 26
🇺🇸 U.S. Politics Constitution
  1. The Constitution gives Congress the sole power to declare war, so a president cannot unilaterally start a war without congressional authorization.
  2. Even though the president is commander in chief, the scope of presidential war-making power has been disputed for over 200 years and remains unsettled.
  3. A large military strike described as "war" can be argued to cross a constitutional red line under precedents like the Prize Cases and therefore may be unconstitutional.

The Constitution is not a bargaining chip for a budget negotiation

The Watch • 1199 implied HN points • 16 Feb 26
🇺🇸 U.S. Politics Constitution
  1. The Democrats’ ten demands mostly restate basic constitutional protections and long-standing policing norms—things like judicial warrants for home entries, no racial profiling, and limits on use of force—rather than brand-new reforms.
  2. Treating those basic rights as bargaining chips in a budget fight is dangerous because political negotiations and partisan opposition risk normalizing the idea that constitutional safeguards are negotiable.
  3. The administration is already flouting laws and norms—warrantless raids, masked and anonymous officers, racial profiling, and terrible detention conditions—and without real oversight, enforcement, and consequences any new rules will likely be ignored.
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CROSSPOST: JOSH MARSHALL: Don’t Be Fooled By the Corrupt Court’s Tariff Decision

Brad DeLong's Grasping Reality • 576 implied HN points • 21 Feb 26
🇺🇸 U.S. Politics Constitution
  1. The Supreme Court’s conservative majority is corrupt and acts out of partisan self-interest rather than consistently applying clear legal principles.
  2. Undoing Trump’s tariffs isn’t a vindication — the tariffs were transparently illegal but were allowed to remain in effect for almost a year, causing massive economic harm because the Court delayed and stayed relief.
  3. The Court’s passivity and willingness to enable executive overreach show the constitutional system is failing and demand thorough reform to protect the republic.

The War in Iran Is Illegal. Here’s Why That Matters.

Common Sense with Bari Weiss • 106 implied HN points • 12 Mar 26
🇺🇸 U.S. Politics Constitution
  1. The U.S. strikes on Iran lack a clear public legal justification and may be illegal because the administration hasn’t produced evidence of an imminent threat.
  2. Officials gave vague, conflicting explanations—such as preempting attacks tied to Israeli actions—which sparked political backlash and undermined the administration’s credibility.
  3. Launching military action without Congress breaks constitutional norms and is especially dangerous now when public trust in the Constitution is eroding.

Australia's Lack Of Speech Protections Means We Should Be MORE Hostile To Speech Regulation

Caitlin’s Newsletter • 1438 implied HN points • 25 Jan 26
🌍 World Politics Constitution
  1. Because Australia has no national bill of rights or constitutional free speech protections, governments can more easily pass and defend laws that silence critics.
  2. Recent 'hate speech' laws and prosecutions show those powers are being used to suppress protest and dissent, especially around criticism of Israel.
  3. Australia needs a national bill of rights to protect free expression, and meanwhile people must resist speech restrictions more aggressively than in countries with stronger legal safeguards.

The Bill of Wrongs

Thinking about... • 752 implied HN points • 26 Jan 26
🇺🇸 U.S. Politics Constitution
  1. Basic rights and legal protections are stripped away, so freedoms like speech, privacy, a fair trial, and protection from cruel punishments become conditional on the leader’s will.
  2. All authority is concentrated in a cult-like leader who is immune from prosecution, can declare truth, command militias and soldiers, and even quarter troops in private homes without consent.
  3. Democratic checks and state powers are hollowed out and replaced by financial extraction and oligarchic control, with elections turned into appearances and power handed to wealthy elites and foreign interests.

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 Constitution
  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.

The lawless presidency

Popular Information • 13306 implied HN points • 22 Jan 24
🇺🇸 U.S. Politics Constitution
  1. Donald Trump argues for absolute immunity for any crimes committed as President.
  2. The Constitution allows for Presidents to be criminally prosecuted, even after leaving office.
  3. It is crucial for government officials, including the President, to consider the legality of their actions and comply with the law.

Republican officials threaten to remove Biden from the ballot

Popular Information • 13915 implied HN points • 08 Jan 24
🇺🇸 U.S. Politics Constitution
  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 Constitution
  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.

What a terrible thing it is

Thinking about... • 791 implied HN points • 15 Dec 25
🇺🇸 U.S. Politics Constitution
  1. When leaders answer mass shootings with only thoughts and prayers instead of policy or enforcement changes, it normalizes violence and weakens government’s role in keeping people safe.
  2. Treating the Second Amendment as a broad individual right has effectively privatized violence, expanded the market for deadly weapons, and empowered a powerful gun lobby.
  3. Mass shootings, fear, and industry marketing feed a vicious cycle that increases gun sales and deaths, and breaking it requires concrete steps like stricter gun rules and prioritizing domestic terrorism prevention.

Chalk one up for democracy and the rule of law

Lucian Truscott Newsletter • 4559 implied HN points • 06 Feb 24
🇺🇸 U.S. Politics Constitution
  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.

Biden and the Border

Glenn’s Substack • 3930 implied HN points • 04 Feb 24
🇺🇸 U.S. Politics Constitution
  1. Texas Governor Abbott has declared war on illegal immigration at the border with Biden Administration.
  2. There is widespread unpopularity with the immigration policies of the current administration.
  3. The situation at the Texas border raises constitutional questions and concerns about the role of the federal government.

No, The Guardrails Are Not Holding

Phillips’s Newsletter • 211 implied HN points • 03 Feb 26
🇺🇸 U.S. Politics Constitution
  1. The Constitution includes an emoluments clause and makes bribery an impeachable offense to prevent foreign influence on US officials.
  2. Recent behavior by the administration shows it is accepting gifts and payments from foreign actors and changing policy in ways that suggest pay-for-play influence.
  3. The legal and bureaucratic checks meant to stop this corruption are failing, so those constitutional guardrails are not doing their job.

America’s Conservative Party

Dana Blankenhorn: Facing the Future • 59 implied HN points • 07 Oct 24
🇺🇸 U.S. Politics 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 Constitution
  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.

CROSSPOST: Alan Wolff: Bamboozled: What made anyone think the Trump tariffs were legal?

Brad DeLong's Grasping Reality • 199 implied HN points • 15 Jan 26
🇺🇸 U.S. Politics Constitution
  1. The Trump tariff package lacked a valid legal basis because the emergency statute used (IEEPA) doesn’t authorize broad, across-the-board tariffs and the Nixon 1971 surcharge precedent was misread.
  2. Other institutions failed to check the move—Congressional leaders avoided confrontation and courts were slow or enabling, letting an executive power grab undermine the separation of powers.
  3. This episode highlights the danger of loosely defined emergency powers and the need for Congress to reassert control over tariffs and investigate how the constitutional guardrails were bypassed.

The MAGA Carta

Diane Francis • 979 implied HN points • 09 May 24
🇺🇸 U.S. Politics Constitution
  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.

Transcript - America This Week, August 22, 2025: "Is the New York Times a Government-in-Exile?"

TK News by Matt Taibbi • 1403 implied HN points • 23 Aug 25
🇺🇸 U.S. Politics Constitution
  1. The New York Times is behaving as if it's a government in exile, questioning the current elected government's decisions and suggesting reforms.
  2. There seems to be a push from the Times to increase its own power, reflecting a desire for influence over how the government operates.
  3. Recent discussions hint at a belief that there may be a fundamental flaw in the Constitution that limits government effectiveness, as explored in recent articles.

Who runs Britain?

Comment is Freed • 131 implied HN points • 25 Jan 26
🌍 World Politics Constitution
  1. Many politicians blame a sprawling 'blob'—civil servants, regulators, campaign groups and judges—for blocking their plans.
  2. The prime minister technically has huge powers, but complex institutions, rules and well-connected stakeholders often make it very hard to turn decisions into action.
  3. Blaming the machine or shouting about willpower isn't enough; ministers often lack clear plans or curiosity about how to change systems, so reform needs careful diagnosis and targeted fixes.

The Liminal Zone

KERFUFFLE • 113 implied HN points • 21 Jan 26
🇺🇸 U.S. Politics Constitution
  1. A "dual state" can exist where the ordinary legal system coexists with a parallel prerogative system that lets powerful actors bend or weaponize laws for political ends.
  2. That creates an invisible line: most people can live normally, but if you cross it you may face unpredictable, harsh enforcement. Examples include aggressive ICE actions and sudden, arbitrary stops or detentions.
  3. Because it’s unclear where written law ends and real practice begins, people may start self‑censoring, altering routines, or avoiding protest to stay safe.

The Supreme Court Strikes Trump’s Tariffs

The Reactionary • 38 implied HN points • 20 Feb 26
🇺🇸 U.S. Politics Constitution
  1. The Supreme Court ruled that the International Emergency Economic Powers Act does not authorize the President to impose tariffs, effectively ending the presidential tariff program.
  2. The decision was 6–3, with Chief Justice Roberts writing the opinion joined by Justices Gorsuch, Barrett, Kagan, Sotomayor, and Jackson, while Justices Thomas, Alito, and Kavanaugh dissented.
  3. The Court emphasized that Congress under Article I has the power to set tariffs and declined to read the IEEPA’s broad 'regulate importation' language as giving the President sweeping economic authority.

The police militarization debate is over

The Watch • 1474 implied HN points • 15 Jul 25
🇺🇸 U.S. Politics Constitution
  1. The lines between police and military roles are becoming dangerously blurred. Police are meant to keep the peace while soldiers fight enemies, and mixing the two could harm our freedoms.
  2. Donald Trump is seen as creating his own loyal force using police and military resources to serve him rather than the public. This raises concerns about accountability and abuse of power.
  3. Many believe that the courts and laws are not set up to protect citizens against the actions of this new force, leading to fears of a growing authoritarianism in America.

Supreme Court Justice Neil Gorsuch on the Biomedical Security State

Human Flourishing • 2849 implied HN points • 20 May 23
🇺🇸 U.S. Politics Constitution
  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
  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.

February 11, 2026

Letters from an American • 37 implied HN points • 12 Feb 26
đź’ľ History Constitution
  1. Lincoln argued the nation’s real founding idea was the Declaration’s claim that all people are created equal, not the parts of the system that protected property and hierarchy.
  2. He warned that once you allow exceptions to equality—saying some people are naturally superior—you open the door to enslavement and rule by the few, which threatens everyone’s freedom.
  3. Lincoln led the country through the Civil War and urged a "new birth of freedom" so that democracy — government of, by, and for the people — would survive.

This Election, Prepare for the Unexpected

Contemplations on the Tree of Woe • 3348 implied HN points • 01 Nov 24
🇺🇸 U.S. Politics Constitution
  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.

BREAKING: Gorsuch Rule on Lockdowns and Mandates

COVID Reason • 3132 implied HN points • 18 May 23
🇺🇸 U.S. Politics 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.

Amy Coney Barrett and Bari Weiss Live in NYC: Get Your Tickets Now

Common Sense with Bari Weiss • 704 implied HN points • 28 Jul 25
🇺🇸 U.S. Politics Constitution
  1. Justice Amy Coney Barrett is a unique figure on the Supreme Court, not having attended an Ivy League school and being a mother of seven. She often stands out for her ability to work across political lines.
  2. Her upcoming book, 'Listening to the Law,' shares insights about the Supreme Court and her judicial philosophy. The book will be available for attendees to buy at a discounted price before its official release.
  3. The event aims to explore the future of the Supreme Court and its impact on American society, tackling important topics like privacy and civil rights in today’s changing world.

The Dilemmas of Democracy

The Honest Broker Newsletter • 1717 implied HN points • 17 Feb 25
🇺🇸 U.S. Politics Constitution
  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.

The President is a Murderer? No Problem!

OLD GOATS with Jonathan Alter • 864 implied HN points • 11 Jan 24
🇺🇸 U.S. Politics Constitution
  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 Constitution
  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 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.