The hottest Constitution Substack posts right now

And their main takeaways
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Top U.S. Politics Topics

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 Over time, parts of the Constitution have become outdated and needed to be amended or scrapped.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.

"Leave Us Alone" as a Political Philosophy

The Redneck Intellectual by C. Bradley Thompson • 373 implied HN points • 25 Jul 23
🇺🇸 U.S. Politics Government Political Philosophy Freedom Rights Constitution
  1. Early Americans created a government to protect individual rights and promote freedom
  2. The political philosophy of post-founding America aimed for self-government and minimal government intervention
  3. Antebellum Americans believed in leaving individuals alone, minimal government regulation, and wealth redistribution was seen as immoral
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Authority

afternoon walk • 79 implied HN points • 06 May 24
🌍 World Politics Authority Government Constitution Legitimacy Rights
  1. States come to realize the limits of using force to maintain authority, eventually evolving to justify power through legitimacy and new bases such as crime prevention, food production, and dispute resolution.
  2. Theories of taming power in parliamentary systems involve internal coherence and control, with power flowing from the people to Parliament and the government being tamed by obeying Parliament's commands.
  3. India's adoption of a constitution in 1950 aimed to divide authority, secure rights, but struggles to fully embody these principles, resulting in a system that is centralized, disorganized, and sometimes brutal.

America's Novus Ordo Seclorum

The Redneck Intellectual by C. Bradley Thompson • 334 implied HN points • 23 May 23
🇺🇸 U.S. Politics History Philosophy Revolution Constitution Citizenship
  1. Different political communities shape distinct ways of life based on principles, values, and customs unique to them.
  2. Constitutions and forms of government play a central role in determining a society's way of life and cultural mores.
  3. The American Revolution and Founding transformed American society, promoting principles of individualism, meritocracy, and freedom.

Constitutionalizing the Private Property Order

The Redneck Intellectual by C. Bradley Thompson • 314 implied HN points • 14 Feb 23
🇺🇸 U.S. Politics Constitution Property Rights Government Power Taxation
  1. America's revolutionary era brought about innovative constitutional thinking in the realm of individual rights and the relationship between individuals and government.
  2. The concept of self-ownership was strongly upheld by the founding generation, with property rights viewed as absolute and a primary responsibility of government was to protect those rights.
  3. The founding generation emphasized the need to limit government powers to protect private property and contracts, institutionalize due process, and prevent abuse such as bills of attainders and ex post facto laws.

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.

The Facts, the Law, and Lincoln

steveinskeep • 294 implied HN points • 29 Jun 23
🇺🇸 U.S. Politics Justice Discrimination Equality Race Constitution
  1. Supreme Court opinions can have sharp exchanges, with justices revising and sharpening their arguments while responding to each other.
  2. Justice Thomas argues against considering race in admissions, emphasizing the importance of individual evaluation and the equal treatment mandated by the Fourteenth Amendment.
  3. Justice Jackson, on the other hand, focuses on historical racial disparities and advocates for holistic admissions programs that address inequality and consider race along with other aspects of identity.

Judging as plumbing

Adam's Legal Newsletter • 239 implied HN points • 07 Nov 23
🇺🇸 U.S. Politics Law Court Tax Politics Constitution
  1. Judges should focus on providing practical solutions to concrete problems, rather than deeply philosophizing the law.
  2. The case of Moore v. United States involves determining whether a tax is a property tax or an income tax, showcasing the complexity of tax law.
  3. The Sixteenth Amendment allowed Congress to tax incomes without apportionment, highlighting the historical context and significance of constitutional amendments in shaping tax laws.

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.

Sometimes you just have to muddle through

Adam's Legal Newsletter • 219 implied HN points • 24 Jun 23
🇺🇸 U.S. Politics Supreme Court Constitution Law enforcement
  1. The Supreme Court deals with cases in various ways, from overturning prior decisions to affirming them, based on the current Court's stance and interpretation of the law.
  2. The application of laws, especially when dealing with Congressional spending conditions and private plaintiffs suing states, can result in complex legal interpretations and require balancing conflicting interests.
  3. Legal tests and interpretations sometimes need to be messy and leave doors partially open when history and constitutional ambiguity make clarity difficult to achieve.

Peru rises up after coup against elected President Pedro Castillo

Geopolitical Economy Report • 279 implied HN points • 13 Dec 22
🌍 World Politics Election Protest Coup Constitution Media bias
  1. Peru's elected left-wing President Pedro Castillo was overthrown in a coup by the right-wing-controlled congress, leading to widespread protests and demands for a new constitution.
  2. The political system in Peru has long been dominated by racist elites, and the coup against Castillo was part of ongoing attempts by the far-right elements to destabilize his government.
  3. The demand for a new constitution through a constituent assembly is a key focus of the protests, aiming to address longstanding issues of exclusion, ethnic discrimination, and economic control present in the current constitution.

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

Bad Arguments and Good Historians

Thinking about... • 253 implied HN points • 03 Feb 24
🇺🇸 U.S. Politics Legal Constitution Presidency Supreme Court Historians
  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

💛 What Can You Do to Protect Our Freedom?

The Glenn Meder Newsletter • 137 implied HN points • 12 Sep 23
🇺🇸 U.S. Politics Freedom Rights Government Tyranny Constitution
  1. The most important thing to ensure freedom is to remember that your rights come from God, not from the government.
  2. Tyranny thrives when people believe their rights come from the government, so believing in rights from God is crucial.
  3. The foundation of freedom lies in the belief that rights come from God, as seen in the US, making it a beacon for freedom.

Law or Fear

Thinking about... • 208 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.

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.

Enforcing the Constitution

David Friedman’s Substack • 179 implied HN points • 16 Sep 23
🇺🇸 U.S. Politics Constitution Supreme Court Enforcement Political division Legal system
  1. Enforcing the Constitution can be challenging, as seen in historical and recent examples of government defiance of Supreme Court rulings.
  2. Penalizing governments and officials for violating the Constitution may not always be straightforward or effective due to legal limitations like sovereign and qualified immunity.
  3. Alternative solutions to enforcing unconstitutional laws include court injunctions and government agents refusing enforcement, but may face challenges in an increasingly polarized political landscape.

Do you even Constitution?

Disaffected Newsletter • 359 implied HN points • 10 Jun 22
🇺🇸 U.S. Politics Constitution Rights Governance Law Civics
  1. Most people misunderstand their rights and think they need the law to permit them to do something. In reality, rights come from being human, not from being written down in laws.
  2. The framers of the Constitution worried that people would feel their rights were limited to what was specifically listed. They emphasized that we have more rights than what is written in the Constitution.
  3. This misunderstanding can lead to accepting unjust government actions like executive orders or mandates because people think they need permission to act without specific laws.

President Loophole on Trial

Diane Francis • 739 implied HN points • 08 Feb 21
🇺🇸 U.S. Politics Impeachment Law Government Political strategy Constitution
  1. The impeachment process isn't just a legal affair; it's heavily influenced by politics. Senators often vote based on their own safety or political future rather than strictly on the evidence.
  2. There are strategic moves that could be made to sway the trial's outcome, like pushing for secret ballots or convincing some senators to be absent during the vote, which could change the threshold for conviction.
  3. Changes in the Constitution are needed to prevent abuse of power by public officials. Rules should be created to ensure transparency, accountability, and the ability to hold leaders criminally responsible.

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.

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.