The hottest Constitutional Law Substack posts right now

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Top U.S. Politics Topics

The Rule of Law After the Vibe Shift

Common Sense with Bari Weiss • 765 implied HN points • 19 Feb 25
🇺🇸 U.S. Politics Executive orders Constitutional Law Political criticism Judicial system Federal Government
  1. Trump is using a lot of executive orders to make changes quickly, without waiting for new laws, which has sparked debate about his respect for the Constitution.
  2. Some people worry that Trump's harsh criticism of judges who don’t agree with him could hurt the fairness of the courts and lead to bigger legal issues.
  3. A controversial move, like the DOJ dismissing charges against a public figure, might be legal, but it raised eyebrows because it broke traditional rules of how the justice system usually operates.

Project Sentinel Has Launched!

Emerald Robinson’s The Right Way • 2380 implied HN points • 03 Oct 24
🇺🇸 U.S. Politics Constitutional Law National Security Political Philosophy Government Overreach Crisis Management
  1. Project Sentinel is a group of experienced experts who offer solutions to current problems in America. They focus on informing people about political issues and strategies to counter perceived threats.
  2. These experts believe America is facing a serious crisis, comparing it to a coup d'état, and they emphasize the need for constitutional solutions to restore order.
  3. Members can access high-quality intelligence updates and advice from this elite group, which includes national security analysts and former military personnel.

Model City Monday 2/3/25

Astral Codex Ten • 15417 implied HN points • 03 Feb 25
🇺🇸 U.S. Politics Constitutional Law Political strategy Urban Development Investment International relations
  1. The Honduran Supreme Court has ruled charter cities unconstitutional, impacting Prospera, which is now trying to adapt to regular laws while also pursuing a $10 billion lawsuit for damages.
  2. Saudi Arabia's NEOM project, initially planned as a long linear city, has scaled back to a shorter model, focusing on hosting upcoming major events, showcasing the challenges in large city development.
  3. Trump has proposed creating ten 'freedom cities' on federal land in the U.S., sparking debate about the feasibility and implications of building new cities in less desirable locations.

Trump's Executive Branch Revolution

Richard Hanania's Newsletter • 4193 implied HN points • 05 Feb 25
🇺🇸 U.S. Politics Executive Power Federal Agencies Constitutional Law Political Ideologies
  1. Trump is changing how the executive branch works, using power in new ways that could impact future presidents. He wants to control parts of the government, like USAID, and has plans for the Department of Education.
  2. There's a long history of presidents not spending money that Congress gives them, called impoundment. This can change how money is spent and can lead to a stronger executive branch.
  3. The balance of power in the government is shifting. Just like how the Supreme Court influenced laws in the past, Trump's actions could redefine what future presidents can do.
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Updating the Constitution

God's Spies by Thomas Neuburger • 110 implied HN points • 20 May 25
🇺🇸 U.S. Politics Constitutional Law Political theory Governance Political History Elections
  1. The U.S. Constitution has flaws that let a small number of people hold a lot of power. This can affect how fair and representative the government is for everyone.
  2. Various groups have changed the Constitution over the years, impacting democracy and people's rights. This includes influences from security measures, economic policies, and executive powers.
  3. There’s a push to make the unofficial changes to the Constitution official. This could lead to big shifts in how laws are applied or understood in the country.

READING: Hamilton's Constitutional Convention Speech

Brad DeLong's Grasping Reality • 153 implied HN points • 17 Jan 25
🇺🇸 U.S. Politics Political theory Constitutional Law American history Government Structure Democracy issues
  1. Hamilton believed that weak state governments could harm a strong federal government. He thought a perfect government needed clear powers and strong institutions.
  2. He was worried that pure democracy could lead to chaos and tyranny. Instead, he preferred a system where some leaders held power for a longer time to ensure stability.
  3. Hamilton highlighted that the interests of states often clash with the needs of the entire nation. He suggested a government structure that aligns individual and national interests better.

The ACLU Is Trying to Destroy the Biden NLRB

Freddie deBoer • 7178 implied HN points • 11 Mar 24
🇺🇸 U.S. Politics Labor relations Civil Liberties Legal system Constitutional Law
  1. The ACLU is trying to expand mandatory arbitration, potentially limiting workers' rights and making union organizing harder.
  2. The ACLU is challenging the appointment of the current General Counsel of the NLRB, which could impact the legitimacy of decisions made by the Biden Board.
  3. The underlying dispute revolves around the termination of an ACLU staffer for protected complaints about workplace conditions, revealing a complex situation where legal theories are used to justify actions.

January 6th was Successful

Unpopular Front • 114 implied HN points • 06 Jan 25
🇺🇸 U.S. Politics Political strategy Constitutional Law Media Criticism Party Dynamics Political polarization
  1. The January 6th attack on the Capitol was seen as a political success for Trump. Even after the chaos, he managed to rally support among his followers.
  2. Trump's approach has shifted the political landscape, making opposition seem less credible. Some critics are now viewed as supportive of him, whether they realize it or not.
  3. There is a sense that Trump's actions have broken the systems of law and norms, leading to a more raw and partisan political environment, where traditional standards no longer apply.

Can Constitutions Limit Government?

Fake Noûs • 348 implied HN points • 09 Nov 24
🇺🇸 U.S. Politics Constitutional Law Government Structure Civil Liberties Political theory
  1. Many people believe constitutions limit government powers, but in reality, governments often operate outside these limits. Most actions by the government are not authorized by the Constitution.
  2. One big reason the Constitution fails is that there's no one to enforce its rules against the government. It's like letting robbers control the police; they won't enforce laws against themselves.
  3. To make a better constitution, we might need new ideas, like requiring a supermajority to pass laws or having a special court to deal with constitutional issues. This could help protect people's rights from government overreach.

The Widening Gyre

Gideon's Substack • 57 implied HN points • 20 Jan 25
🇺🇸 U.S. Politics Constitutional Law Political theory Civil Rights Government Policy State power
  1. There's a big difference between law and sheer power. Law can be understood and followed, while totalitarian regimes can do whatever they want without following the law.
  2. Biden's declaration about the Equal Rights Amendment raises questions. If he can declare something to be law just because he believes it, then what prevents future presidents from doing the same with their own beliefs?
  3. The whole situation might just be for show and not really change anything. This can make people lose trust in what the law actually is and think it's just about who has the most power.

It's not easy from here

Gray Mirror • 112 implied HN points • 02 Dec 24
🇺🇸 U.S. Politics Political theory Government Structure Legislation Constitutional Law Political History
  1. Focusing on the wrong targets can lead to wasted effort. It's important to identify and direct energy towards the right problems instead of getting distracted by less significant issues.
  2. Political systems can change, but restoring the past often ignores the unique challenges of today. Acknowledging how history shapes our current situation is key to moving forward.
  3. There's a need to rethink how power is used in government. Rather than trying to go back to what worked before, it might be better to find new solutions that fit our current realities.

The Courts and the Will of the People

Fisted by Foucault • 123 implied HN points • 14 Nov 24
🇺🇸 U.S. Politics Judiciary Legislation Democracy Political theory Constitutional Law
  1. The judiciary holds significant power in government as it can strike down laws, which can complicate the legislative process. This means popular reforms can be blocked by court decisions.
  2. Western democracies are designed with checks and balances, but political divisions often create gridlock, preventing necessary changes. This gridlock can last for years, leaving citizens frustrated.
  3. The influence of those who control the judiciary can overshadow the elected legislative body. This raises concerns about who really has the power in a democracy.

It's on, baby!

Adam's Legal Newsletter • 698 implied HN points • 09 Jan 24
🇺🇸 U.S. Politics Legal Constitutional Law Supreme Court Elections First Amendment
  1. The Constitution does not require states to include currently ineligible candidates on the ballot, even if they may become eligible in the future.
  2. Allowing ineligible candidates on the ballot can lead to confusion for voters and cause controversy if an ineligible candidate wins the election.
  3. Interpreting the Constitution requires sticking to the text rather than overly creative lawyering to avoid confusion and promote understanding among citizens.

Jack Smith seeks to dismiss the cases against Trump

The Reactionary • 93 implied HN points • 25 Nov 24
🇺🇸 U.S. Politics Elections Legal system Political Analysis Government Constitutional Law
  1. Jack Smith wants to dismiss the criminal cases against Trump, saying that a sitting president can't be prosecuted. This means Trump might not face these charges anymore.
  2. The Supreme Court decided that Trump is immune from being prosecuted for some actions he took as president. This ruling was a big win for Trump.
  3. If the cases are dismissed without being able to be filed again, there could be questions about the Statute of Limitations and future prosecutions. Trump may want to pardon himself to avoid any future legal troubles.

Stop Praising the Supreme Court

SHERO • 589 implied HN points • 28 Jun 23
🇺🇸 U.S. Politics Supreme Court Constitutional Law Civil Rights Elections
  1. The recent Supreme Court rulings show the conservative majority pushing a political agenda that undermines civil rights.
  2. The Court's refusal to set limits on state courts reviewing certain election issues highlights the importance of the Supremacy Clause over state laws.
  3. While some recent Court decisions may seem reasonable, they could be more about self-protection for the justices than genuine jurisprudence.

The Efficacy and Constitutionality of the Debt Ceiling

QTR’s Fringe Finance • 22 implied HN points • 23 Dec 24
🇺🇸 U.S. Politics Constitutional Law Government spending Fiscal policy Political Discourse
  1. The debt ceiling doesn't really help control government spending. Instead of a strict limit, we should look at reviewing and approving spending more carefully.
  2. There's a belief that the Constitution may not allow for default on public debt. So, some argue that the president could ignore the debt ceiling if Congress keeps spending money.
  3. Many experts think that the repeated struggle over the debt ceiling does more harm than good for the economy and suggest it's time to get rid of it altogether.

...Teach a Man to Revolt

Anarchonomicon • 334 implied HN points • 11 Jul 23
🇺🇸 U.S. Politics Gun Rights Constitutional Law Civil Liberties Cultural influence
  1. An unalterable core text is crucial for a declaration of rights, much like the enduring nature of the Islamic faith.
  2. Enumerated rights should be cherished as noble titles, making individuals feel superior and proud of their freedoms.
  3. Enforcement of rights through ad hoc vigilante violence is a powerful cultural force that can outlast even the fall of governments.

Birthright Citizenship Will be Overturned

Who is Robert Malone • 22 implied HN points • 10 Dec 24
🇺🇸 U.S. Politics Citizenship Immigration Legal analysis Constitutional Law
  1. President Trump plans to end birthright citizenship for children of illegal immigrants. This would change the current law that grants citizenship to all babies born in the U.S.
  2. The 14th Amendment has a key phrase, 'subject to the jurisdiction thereof,' which many believe should limit citizenship based on the parents' legal status.
  3. There is a strong opinion that Congress can clarify the 14th Amendment to exclude children of illegal aliens, signaling a big shift in immigration policy in the coming years.

On “Disagreement” and the Presidential Power to Adjourn Congress

QTR’s Fringe Finance • 16 implied HN points • 19 Nov 24
🇺🇸 U.S. Politics Constitutional Law Executive Power Political theory
  1. The president has a constitutional power to adjourn Congress, but this power has never been used before. It's a rare and complex topic with many possible interpretations.
  2. If the president tries to adjourn Congress without proper disagreement between the House and Senate, it might not be seen as valid. Both houses need to clearly express their disagreement for it to count.
  3. Using this presidential power could lead to a serious constitutional crisis. The Senate could ignore a presidential adjournment, causing confusion and potential court challenges.

Join me in fighting for your rights (and mine)

Unreported Truths • 41 implied HN points • 14 Dec 24
🇺🇸 U.S. Politics Constitutional Law Government Power Civil Rights Political Philosophy
  1. The Constitution is important for protecting individuals from government overreach. It's a written promise that outlines the rights of the people and states.
  2. Recent court rulings show that judges can stand up against the government's attempts to expand its power beyond what the Constitution allows. This helps maintain the balance of power.
  3. To preserve our rights, we need to actively defend the Constitution. It's essential to keep fighting for the freedoms it grants us, as they can be lost if we don't.

Today's the day! Join the Unreported Truths team!

Unreported Truths • 18 implied HN points • 03 Dec 24
🇺🇸 U.S. Politics Journalism Constitutional Law Free speech Public Health Civil Rights
  1. Unreported Truths focuses on straightforward, no-frills journalism that aims to inform readers about important issues without commercial distractions.
  2. It aims to protect the rights of unvaccinated individuals and challenge potential government overreach regarding free speech.
  3. The platform keeps content mostly free, relying on reader support to maintain its operations and provide accessible information to everyone.

Everything you always wanted to know about a government shutdown

Matt’s Five Points • 19 implied HN points • 02 Dec 21
🇺🇸 U.S. Politics Government Legislation Public Policy Constitutional Law
  1. A government shutdown happens when Congress doesn't pass new budget laws, leading to a funding gap. This means the government can't spend money on things like salaries and supplies.
  2. During a shutdown, not all federal workers stop working. Some are deemed essential and continue their duties, but they won't get paid until the budget is approved.
  3. Shutdowns can affect different parts of the government differently. Some agencies might keep operating if they have non-appropriated funds, while others come to a halt.

How would Watergate have played out absent the 25th amendment?

Matt’s Five Points • 0 implied HN points • 14 Oct 11
🇺🇸 U.S. Politics Political History Impeachment Constitutional Law
  1. Without the 25th amendment, Nixon might have faced different political pressures and may have delayed his resignation. He could have argued that the situation was a partisan attack to gain public support.
  2. Impeachment would likely still happen without the amendment, but the conviction could be less certain. If the GOP had united against it, they might have swayed the Senate's decision.
  3. Carl Albert probably wouldn't have wanted to become Acting President. The pressure to take the role would increase if it meant avoiding an even less desirable president in James Eastland.

If you like it so much, you defend it

Matt’s Five Points • 0 implied HN points • 24 Feb 11
🇺🇸 U.S. Politics Constitutional Law Executive Power Legislative Process Civil Rights Policy Debate
  1. It's okay for a president to not defend a law they think is unconstitutional. It doesn't mean they're ignoring it, just that they don't want to fight for it in court.
  2. Not enforcing a law is very different from not defending it legally. Not enforcing can lead to big problems, but not defending doesn't change how the law is followed.
  3. If the government believes a law is unconstitutional, it might be better for supporters of that law to find different lawyers to defend it, as the government might not do a good job of it.

Friday Procedure Blogging: Adjournment vs. Recess

Matt’s Five Points • 0 implied HN points • 27 Jan 12
🇺🇸 U.S. Politics Legislation Political strategy Constitutional Law
  1. A recess is a short break where the Senate can come back to business right where it left off, while an adjournment means the Senate officially ends its business for the day and starts fresh when it meets again.
  2. The difference between these terms can affect how the Senate operates. For example, in a recess, Senators can only speak a limited number of times, while a new legislative day after an adjournment allows for different rules.
  3. Senate leaders choose between recess and adjournment based on strategy, like avoiding lengthy debates or regaining control when things get chaotic.

Common sense

Matt’s Five Points • 0 implied HN points • 20 Mar 12
🇺🇸 U.S. Politics Constitutional Law Health care Political Commentary Legal theory
  1. The debate around the ACA focuses on its constitutionality and how it could affect future federal power. People are unsure if Congress can have unlimited power or if there are laws that should remain off-limits.
  2. There are two main views of the Constitution: one says it strictly limits government power, while the other suggests that over time, the government has expanded its powers. Both views seem reasonable to many.
  3. Finding common sense is crucial in legal decisions. If a law feels unreasonable or goes against what people believe is right, it can lead to public distrust in the legal system, no matter what the actual law says.

Matt's Five Points, October 19, 2018 — Constitutional Hardball

Matt’s Five Points • 0 implied HN points • 19 Oct 18
🇺🇸 U.S. Politics Constitutional Law Legislative Process Supreme Court Political Tactics
  1. Constitutional hardball is when legal political strategies push the boundaries of accepted norms. It can be risky, as it may lead to larger conflicts and weaken institutions like the Supreme Court.
  2. The statehood process in the U.S. is easy to manipulate and can disrupt political balance. This flexibility once caused major tensions, particularly regarding issues like slavery in the 19th century.
  3. Lame-duck sessions in Congress can actually be quite productive, with significant legislation often passing during this time. The upcoming session could see important decisions being made, especially if party control changes.

Let's Get Ready To Rumble

Matt’s Five Points • 0 implied HN points • 17 May 19
🇺🇸 U.S. Politics Congress Executive Power Constitutional Law Political Conflict Public Opinion
  1. Political conflict is normal in a democracy, and we shouldn't be afraid of it. The U.S. system encourages disagreements between branches of government as a way to check power.
  2. Congress has the most control and authority, but it often faces challenges in maintaining that power. It can keep the president in check, but it struggles to fund itself properly.
  3. Public opinion is very important in political battles. Congress and the president respond to public views, using them to gain support or avoid backlash when pushing their agendas.

Executive sidestepping

Matt’s Five Points • 0 implied HN points • 24 Oct 11
🇺🇸 U.S. Politics Executive Power Legislative Process Policy Making Constitutional Law
  1. The president has to follow legal authority and can't act like a king. His power comes from the Constitution or laws made by Congress, so saying he's sidestepping Congress isn't really correct.
  2. Executive power in domestic policy mostly comes from Congress giving it to the president. This means he can't make decisions that go against what Congress has already decided without specific permission.
  3. Congress can take back powers it has given to the president whenever it wants. If lawmakers don’t like what the president is doing, they can change the laws to restrict his authority.

On Searches and Seizures

Matt’s Five Points • 0 implied HN points • 25 Apr 11
🇺🇸 U.S. Politics Civil Rights Law enforcement Constitutional Law Libertarianism Criminal Justice
  1. The Fourth Amendment protects against unreasonable searches and seizures, meaning the police need reasonable suspicion or consent to stop you and check your belongings.
  2. While you should know your rights during police encounters, it's sometimes practical to comply rather than escalate the situation, especially if you're unsure of the laws in your area.
  3. Many people don't know their rights, which can lead to unfair treatment by law enforcement. Being aware and asserting your rights can help discourage police misconduct.

By the Numbers: Constitutional Amending in the House

Matt’s Five Points • 0 implied HN points • 18 Nov 11
🇺🇸 U.S. Politics Constitutional Law Legislation Government Structure Voting Rights Political strategy
  1. Since 1978, no new amendments to the Constitution have been successfully passed by Congress for states to ratify. Only one amendment, the 27th, was ratified many years later.
  2. For an amendment to pass in Congress, a two-thirds majority vote is needed. This means at least 289 votes in the House, depending on the number of members present.
  3. A total of 59 proposed amendments have been introduced in the House in the current Congress, highlighting ongoing discussions about potential changes to the Constitution.

Recess appointments: watch what you cite...

Matt’s Five Points • 0 implied HN points • 09 Jan 12
🇺🇸 U.S. Politics Constitutional Law Executive Power Political Debate Government Institutions
  1. Recess appointments can be confusing because the Constitution is not clear on them. Different people can have different opinions about whether they're legal or not.
  2. Debate about recess appointments is important for democracy. Hearing various viewpoints helps everyone understand the issues better.
  3. Opinions from the Justice Department about recess appointments shouldn't be seen as the final word. They are mainly arguments that support the executive branch and can be challenged by others.

You down with OLC?

Matt’s Five Points • 0 implied HN points • 12 Jan 12
🇺🇸 U.S. Politics Constitutional Law Executive Power Political strategy
  1. The Office of Legal Counsel released an opinion about recess appointments, arguing that recent ones were made during a valid recess. They believe this argument is important for transparency.
  2. OLC opinions are more like legal arguments rather than binding court rulings, meaning they aren't laws. Different interpretations exist, which could lead to future conflicts or legal challenges.
  3. Political players, including the President and Congress, are engaging in strategic maneuvers over recess appointments. This could damage established norms and affect how politics is conducted in the future.

The Great Recess-ion

Matt’s Five Points • 0 implied HN points • 13 Jan 12
🇺🇸 U.S. Politics Legislative Process Executive Power Constitutional Law Political parties
  1. Right now, we have a unique situation where different parties control the House and Senate. This makes it tricky for the government to function smoothly and affects how appointments are made.
  2. The Consumer Financial Protection Bureau (CFPB) is a new agency, which means there are rules about how people can be appointed that differ from other roles. This complicates filling important positions.
  3. Recess appointments aren't as powerful as many think. They can be strategic tools for presidents, but using them can also limit their long-term influence, especially when it comes to judicial appointments.