The U.S. Constitution

Can a President Serve a Third Term? What the 22nd Amendment Says

The question resurfaces every few years, usually after an offhand comment or a headline that sounds like a dare: can a president serve a third term? Today the answer is straightforward in law and in practice. The Constitution, through the 22nd Amendment , forbids any person from being elected...

What Is ICE and What Can Congress Legally Do About It?

When a candidate says they want to “rip ICE apart,” they are not just making a statement about immigration policy. They are making a claim about government structure. And structure is where the Constitution quietly does most of its work. Immigration and enforcement live at the intersection of two...

Can a President Rewrite the Vaccine Schedule?

Presidents love the clean drama of a signature. One pen stroke, one camera flash, and the public is supposed to understand: something has changed . On childhood vaccines, President Donald Trump is testing that idea again. His new executive order calls for fewer childhood vaccines and recommends...

Can a Court Order a Security Clearance Restored?

A former Secretary of the Air Force is preparing to take his security-clearance dispute to court, and the legal question underneath it is one the Constitution keeps bringing us back to: who controls access to the nation’s secrets , and how far judges can go when the executive branch says “no.”...

Can Gun Makers Be Sued for a “No-Trigger” Discharge?

When people think about “gun rights,” they usually picture laws passed by legislatures: bans, permits, waiting periods, and background checks. But sometimes the Constitution shows up in a place that feels more everyday and more personal: a product liability lawsuit, filed by someone who says a...

Texas Man Arrested After Rant About Age Checks Blocking His Anime

Most Americans have a pretty simple mental model of free speech: you can criticize the government, you can swear at the government, and you can be obnoxious while doing it. That model is mostly right. It just breaks down at one fraught edge case: when a political rant starts to sound like a threat....

Texas, Suppressors, and the Limits of State Power

It is easy to treat a ruling about suppressors like a niche fight between hobbyists and regulators. But the decision handed down by U.S. District Judge James Hendrix last week is not a narrow technicality. It is a constitutional pressure point. When a federal judge says parts of a 1930s gun law may...

No Gestational Cap After Dobbs

When a headline says a state “allows abortions up to birth,” it can sound like the law has abolished every boundary. In some states, what happened is more legally specific: the state removed one kind of boundary, a week-based gestational age cap , while leaving other controls in place through...

Can the President Send the National Guard Into Cities?

The Constitution does not have a neat clause that says, “The President may send the National Guard into cities when crime rises.” What it does have is something broader and more consequential: a structure that splits military power between the federal government and the states, and then hands...

What Is the SAVE Act?

When a bill is “on the shelf” in the Senate, it often sounds like a political judgment. Usually it is something much more procedural: a tangle of unanimous-consent requests, objections that may or may not come, and the Senate’s unique ability to run on consent until a single senator says no. The...

What “Vindictive Prosecution” Really Takes

When people hear the phrase vindictive prosecution , they tend to translate it into everyday English: the government is “out to get me.” In ordinary life, that is a serious accusation. In constitutional law, it is not enough. A federal judge in the Middle District of Alabama has now rejected the...

Justice Alito Says He’s Staying

For a few weeks this summer, one question seemed to hover over the Supreme Court like humidity in Washington: Is Justice Samuel Alito about to retire? Justice Alito has now answered that question, at least for the near term. In an interview conducted in his chambers, he put it plainly: “Obviously...

Reflecting Pool Vandalism: What Federal Law Covers

You can stand at the Lincoln Memorial, look down the National Mall, and feel like you are standing inside the country’s shared memory. That is part of why vandalism stories involving the Reflecting Pool resonate so strongly. The Pool is not just a tourist backdrop. It is part of the National Mall...

Can Religion Disqualify Someone From Public Office?

You can feel the tension in the question because it lives at the intersection of two American instincts: the desire to judge leaders by character and the fear that government will start judging citizens by creed. That is why the Constitution, unusually early and unusually bluntly, draws a bright...

Can Parents Demand Bathroom Policy Answers From Schools?

When parents ask a school a direct question about privacy and parental notice, they usually expect a direct answer. A new federal lawsuit out of North Carolina turns on what the district will say, and what it says it cannot say. The case was filed by Brandon Matthews , a father with a fourth-grade...

Judge Rejects SPLC Bid to Toss Indictment for “Vindictive Prosecution”

In a significant procedural loss for the Southern Poverty Law Center (SPLC), a federal judge has refused to dismiss the organization’s criminal case on the theory that it is the target of a “vindictive prosecution.” Just as importantly, the court also declined to authorize discovery aimed at...

What Is the Filibuster?

You can spot a filibuster fight a mile away because it always sounds like a constitutional argument. One side says the Senate is being “paralyzed.” The other says the Senate is doing what it was designed to do: cool the passions of the moment. But the filibuster itself is neither a constitutional...

What Is TPS? How Temporary Protected Status Works and Why Haiti TPS Can End

Temporary Protected Status, or TPS, is one of the most misunderstood parts of U.S. immigration law because the word protected can sound like a permanent guarantee. It is not. TPS exists because Congress wrote a statute that lets the executive branch temporarily shield certain people already in the...

Can a President Renovate the White House Without Congress?

You can feel the constitutional nerve being touched whenever a president says, in effect, This is my house to secure and improve , and critics respond, You are a temporary occupant , and a court could ultimately agree in some form. To be clear, what follows is not a report about a specific, current...

After the Affirmative Action Ruling: What Colleges and Law Schools Can Still Consider

When the Supreme Court decided Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina in 2023, it did not say colleges must ignore a student’s life story. It held that the specific race-conscious admissions programs before it violated the Equal...