Articles by Eleanor Stratton

The 24th Amendment and Poll Taxes

You can learn a lot about a country by asking what it charges for. For decades, parts of the United States charged people to vote. Not as a fundraising gimmick, and not as a neutral administrative fee, but as a deliberate filter. If you could not pay, you did not participate. If you did not...

The Origination Clause

There is a simple sentence in the Constitution that looks like it should settle a very modern fight: who gets to start the nation’s tax bills. It is called the Origination Clause. It lives in Article I, Section 7. And it says that “All Bills for raising Revenue shall originate in the House of...

The Federal Public Defender System Explained

You can tell a lot about a justice system by what it does the moment the government accuses someone of a crime. In federal court, that moment often looks like this: a person stands before a judge for an initial appearance, the prosecutor outlines the charge, and the court turns to the defendant and...

What Is a U.S. Attorney?

You have heard the phrase “the U.S. Attorney announced charges” so often it can sound like a single person somewhere in Washington decided to prosecute your local case. But a U.S. Attorney is not a roaming national prosecutor. A U.S. Attorney is the Justice Department’s chief federal...

Federal Magistrate Judges

You might expect “judge” to mean one thing in federal court: a black robe, a lifetime appointment, and the power to decide the case. Then you open your summons or read a docket update and see a different title: United States Magistrate Judge . That is when the questions start. Is a magistrate...

Public Forums and Time, Place, and Manner Rules

The First Amendment powerfully protects public speech. Everyone knows that. Except that in practice, the “in public” part does most of the work. A sidewalk is not a school hallway. A city park is not a courthouse lobby. A government-run comment page is not always a free-for-all bulletin board....

Vagueness, Overbreadth, and the First Amendment

Most First Amendment fights are framed as moral dramas. Hate speech versus tolerance. Disinformation versus truth. Protest versus order. But many cases turn on something far less cinematic and far more practical: the words in the law itself. Not what lawmakers meant . What they actually wrote ....

Pardons, Commutations, and Reprieves

When a president grants “clemency,” the headlines tend to flatten everything into one dramatic verb: pardoned . But Article II does not give the president a single magic eraser. It gives a toolkit, and each tool does something different to a conviction, a sentence, and the government’s power...

Reasonable Expectation of Privacy and the Katz Test

You can read the Fourth Amendment ten times and never find the word “privacy.” What you will find is a promise about security: the people’s right to be secure against unreasonable searches and seizures. So how did “privacy” become the everyday shorthand for Fourth Amendment protection?...

The Take Care Clause

You will sometimes hear the presidency described as a job with two contradictory settings: “commander” and “caretaker.” The commander pushes policy. The caretaker runs the machinery of government. The Constitution captures part of that caretaker role in text. Article II requires that the...

Strict Scrutiny, Intermediate Scrutiny, and Rational Basis

Constitutional arguments often sound moral. They can also sound historical. But in a courtroom, many constitutional fights turn on something that looks almost boring: the standard of review . That standard decides how hard a judge will press the government for an explanation. Some laws get the...

When Birth Statistics Collide With Birthright Citizenship

Numbers can be polite. They sit on the page, they look neutral, and they do not raise their voice. But in the wrong argument, a number can land like a constitutional question mark. This piece is about what happens when births, border policy, and constitutional language collide. Not because one tidy...

Birthright Citizenship and the Jurisdiction Question

Some estimates are sometimes cited in public discussions suggesting that a share of U.S. births involve parents who are either in the United States unlawfully or present on a temporary legal status. Those estimates can vary depending on definitions and methods, and there is not a single universally...

What Voters Trust Each Party to Fix

Americans rarely vote on a single issue. But elections still tend to organize themselves around a few dominant anxieties, the problems voters feel in their bones when they pull into a gas station, watch local news, or scan their bank app. A new national survey conducted April 17-20 offers a clear...

Congress Pauses Epstein Hearings, and Oversight Starts to Look Optional

Congress does not have to win a criminal case to do its job. It does not have to prove guilt beyond a reasonable doubt. It does not even have to name a defendant. Its job is simpler and, in a functioning republic, more relentless: find facts, expose failures, and fix the laws that allowed those...

Congress Hits Pause on Epstein Hearings

Congressional oversight is supposed to work like sunlight. A committee announces witnesses, sets a timetable, and the public gets to watch the government do what the Constitution quietly expects it to do: investigate, inform, and legislate with facts rather than rumors. So when the House Oversight...

Can a Secretary Dismantle the Department of Education?

The U.S. Constitution does not create a right to education. It does not assign schooling to Washington. And it does not mention a federal Department of Education. In practice, that has helped leave primary responsibility for schools with the states. That said, the modern federal education state is...

Senate Border Funding Push: Enforcement, Shutdown Pressure, and Taxpayer Stakes

Washington loves to pretend a “shutdown” is a single switch that flips to OFF. It is not. It is a pressure chamber, and when funding talks stall, that pressure tends to show up first in departments built for constant operations. One concrete way this can bite: when funding is unsettled,...

Tariff Power and the Courts

Tariffs are sometimes treated like a presidential dial. Turn it up to project resolve. Turn it down to ease price pressure. In some election cycles, they are used to signal solidarity with steelworkers, farmers, or consumers. They can also be framed as a fast tool for bargaining leverage or for...

Foreign Sovereign Immunities Act (FSIA) Explained

You can sue many people and entities in American court. A company. A neighbor. A city. Sometimes even the federal government, but only where Congress has clearly waived immunity. A foreign country is different. Not because it is too powerful to be sued, but because the United States has decided, as...