The hottest Constitution Substack posts right now

And their main takeaways
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Top U.S. Politics Topics

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

Adam's Legal Newsletter • 659 implied HN points • 21 Dec 23
🇺🇸 U.S. Politics 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.

On Disney v. DeSantis

Adam's Legal Newsletter • 1038 implied HN points • 15 May 23
🇺🇸 U.S. Politics 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.

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 Constitution
  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.

Battle Cry of Freedom

Pitchfork Papers • 294 implied HN points • 02 Feb 24
💾 History Constitution
  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.
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December 15, 2025

Letters from an American • 51 implied HN points • 16 Dec 25
🇺🇸 U.S. Politics Constitution
  1. Being president is mostly about character. The job calls for real integrity and moral courage.
  2. True patriotism means defending everyone’s rights, even speech you hate. America requires active citizenship that protects free speech and the right to protest.
  3. Some politicians win by stoking fear and blaming others instead of solving problems. We need serious leaders who focus on fixing issues, not on cheap attacks.

Shared governance is dead in Florida

Science Forever • 537 implied HN points • 28 Apr 23
🇺🇸 U.S. Politics 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.

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 Constitution
  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.

If Independent Agencies Are Unconstitutional, So Is The Fed

QTR’s Fringe Finance • 33 implied HN points • 30 Dec 25
🇺🇸 U.S. Politics Constitution
  1. Separation of powers means executive agencies that wield real power must answer to the president, so the same legal logic used to limit other independent agencies applies to the Federal Reserve.
  2. The Fed runs core executive functions — regulating banks, shaping credit, and controlling the settlement asset — and appeals to history or technical expertise are prudential, not constitutional, reasons to shield it from political control.
  3. There are only two constitutionally consistent options: place the Fed under presidential oversight and accept political accountability, or remove discretion with strict automatic rules; the current system of discretionary, unaccountable central banking conflicts with separation of powers.

December 30, 2025

Letters from an American • 29 implied HN points • 31 Dec 25
🇺🇸 U.S. Politics Constitution
  1. The administration and powerful private allies tried to bypass the Constitution and Congress by declaring emergencies, installing unelected operatives, and cutting or repurposing government programs. Those moves weakened public services, violated privacy norms, and caused real human harm at home and abroad.
  2. Courts, state attorneys general, and mass protests pushed back, with lawsuits and public pressure producing legal rulings, orders, and hearings that checked some of the administration’s actions. This showed that the rule of law and civic mobilization can slow or reverse executive overreach.
  3. The political cost was real: voters swung back toward Democrats in 2025 and bipartisan Congress members forced transparency on issues like the Epstein files, increasing scrutiny of the administration’s ties and conduct. Those electoral and oversight responses suggest growing limits on the administration’s ability to act without accountability.

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
  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.

"Leave Us Alone" as a Political Philosophy

The Redneck Intellectual by C. Bradley Thompson • 373 implied HN points • 25 Jul 23
🇺🇸 U.S. Politics 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

Authority

afternoon walk • 79 implied HN points • 06 May 24
🌍 World Politics Constitution
  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.

December 27, 2025

Letters from an American • 26 implied HN points • 28 Dec 25
🇺🇸 U.S. Politics Constitution
  1. The administration promoted explicit Christian nationalist messaging from top agencies, undermining the constitutional separation of church and state and privileging one faith in public life.
  2. The president ordered military strikes framed as avenging attacks on Christians in Nigeria, showing a faith-based, politically targeted approach to foreign policy that appealed to his evangelical base.
  3. Government power was used for partisan and exclusionary ends—through anti-immigrant propaganda, threats against religious minorities, and a politicized pardon process tied to personal and financial interests—indicating a broader authoritarian and corrosive pattern.

America's Novus Ordo Seclorum

The Redneck Intellectual by C. Bradley Thompson • 334 implied HN points • 23 May 23
🇺🇸 U.S. Politics Constitution
  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
  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.

The Amar Brief

Imperfect Information • 157 implied HN points • 28 Jan 24
🇺🇸 U.S. Politics Constitution
  1. Akhil Reed Amar has a strong reputation and is respected across different ideologies.
  2. The amicus curiae brief filed by Amar in the Trump v. Anderson case could be influential.
  3. The Amar brothers argue that different states can have varying procedures in implementing Section Three of the Constitution.

The Facts, the Law, and Lincoln

steveinskeep • 294 implied HN points • 29 Jun 23
🇺🇸 U.S. Politics 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.

“All the laws but one”

steveinskeep • 275 implied HN points • 17 May 23
🇺🇸 U.S. Politics Constitution
  1. Lincoln's approach to upholding all laws during crisis is relevant today
  2. Presidents may interpret the Constitution independently but may face legal challenges
  3. Biden is considering options regarding the debt ceiling crisis with a focus on bipartisan solutions

Judging as plumbing

Adam's Legal Newsletter • 239 implied HN points • 07 Nov 23
🇺🇸 U.S. 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.

Populism, Democracy and Choosing "the People"

Gideon's Substack • 28 implied HN points • 11 Dec 25
🇺🇸 U.S. Politics Constitution
  1. The legal meaning of birthright citizenship is contested and the Supreme Court could either narrow it, uphold it, or push the question to Congress to change by law.
  2. There are real democratic tensions: restricting citizenship treats membership as a choice, but it would also make millions who live here into outsiders with no voice in their government.
  3. Permitting limits risks fueling nationalist politics and creating a permanent non‑citizen underclass open to exploitation, so leaving the decision to Congress rather than the executive or a narrow court majority would better protect democratic legitimacy.

November 24, 2025

Letters from an American • 30 implied HN points • 25 Nov 25
🇺🇸 U.S. Politics Constitution
  1. A federal judge threw out the Comey and Letitia James indictments because the president’s appointment of an interim U.S. attorney was unlawful, which invalidated the prosecutor’s actions.
  2. The episode shows an attempt to use the Justice Department to pursue political enemies by replacing a reluctant prosecutor with a loyal appointee, raising concerns about abuse of prosecutorial power and threats to the rule of law.
  3. After the court losses, the administration escalated by threatening military-style responses against lawmakers who urged troops to refuse unlawful orders and publicly targeted Senator Mark Kelly, prompting sharp pushback and concern about intimidation.

Sometimes you just have to muddle through

Adam's Legal Newsletter • 219 implied HN points • 24 Jun 23
🇺🇸 U.S. Politics Constitution
  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 Constitution
  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.

What the heck is free speech?

Random Minds by Katherine Brodsky • 220 implied HN points • 22 Jan 25
🇺🇸 U.S. Politics Constitution
  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.

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
  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.

💛 What Can You Do to Protect Our Freedom?

The Glenn Meder Newsletter • 137 implied HN points • 12 Sep 23
🇺🇸 U.S. Politics 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.

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 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 CONSTITUTION VS. AMERICA

Seymour Hersh • 19 implied HN points • 12 Nov 25
🇺🇸 U.S. Politics Constitution
  1. The Constitution, which many see as a cornerstone of democracy, can actually threaten democracy itself. It was created by elites who didn't fully trust the common people.
  2. Most government positions outlined in the Constitution are not directly elected by the people, except for the House of Representatives. This structure can lead to political divisions and challenges in a democratic system.
  3. Recent political events, like the actions around the Electoral College during the 2020 election, show how the Constitution’s framework can be exploited, potentially undermining the democratic process.