usconstitution.net

Author: Eleanor Stratton

  • Can The White House Ban The Press?

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    Eleanor Stratton
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    Constitutional Implications The First Amendment safeguards press freedom, a crucial element of our constitutional republic. The White House’s decision to bar Associated Press journalists due to their refusal to adopt the term “Gulf of America” raises important questions about the balance between government power and press rights. This action poses a potential challenge to the…

  • The Constitutional Stakes of Trump’s Workforce Overhaul

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    Eleanor Stratton
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    The mass layoffs at the General Services Administration, part of a broader effort to reshape the federal workforce, bring constitutional concerns to the forefront. With policies like Schedule F poised to expand executive power over civil servants, the debate over government efficiency versus political loyalty intensifies. As the Constitution’s checks and balances face new tests,…

  • Defending the Constitution or Defying Federal Law? The Controversy Over Migrant Guidance

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    Eleanor Stratton
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    Constitutional Rights of Migrants Migrants in the United States, regardless of immigration status, are protected by the Fourth Amendment against unreasonable searches and seizures. This applies to everyone on American soil, not just citizens. Law enforcement, including Immigration and Customs Enforcement (ICE), must show a judicial warrant or gain consent before entering private spaces. Many…

  • Federal Judge Clarifies Trump Administration’s Funding Freeze

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    Eleanor Stratton
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    U.S. District Judge John McConnell recently clarified the federal funding freeze instituted by President Donald Trump’s administration. McConnell determined that while the administration can pause federal spending, it must align with existing statutes and laws. This wasn’t a carte blanche move to rewrite the rulebook but a nod to existing guidelines. Despite allowing for lawful…

  • Can Judges Control the Executive’s Legitimate Power?

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    Eleanor Stratton
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    Constitutional Basis for Executive Power Article II of the U.S. Constitution defines executive power, outlining the President’s duties and responsibilities. While granting significant authority, it includes checks and balances to prevent absolute power. The document assigns the President roles in: The Constitution’s authors, aware of unchecked power’s dangers, designed a system to prevent any branch…

  • Humphrey v. U.S.: Who Controls Independent Agencies?

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    Eleanor Stratton
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    Who really controls Washington’s powerful independent agencies – the President or Congress? For nearly a century, the battle over independent agencies has shaped American governance. With the Supreme Court now shifting power back to the executive, are we witnessing the end of agency independence as we know it? Historical Context of Removal Power The President’s…

  • How Judicial Review was Established in 1803

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    Eleanor Stratton
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    Background of Marbury v. Madison In the early 1800s, America witnessed a power shift from the Federalists to the Jeffersonian Republicans. John Adams, the outgoing Federalist president, made last-minute judicial appointments, including William Marbury as justice of the peace in the District of Columbia. When Thomas Jefferson took office, he ordered these "midnight appointments" not…

  • Trump Spending Freeze Authority

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    Eleanor Stratton
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    Constitutional Power of the Purse The Constitution assigns Congress the power of the purse, as outlined in Article I. This means Congress, not the President, decides where federal dollars go—a critical point ensuring that one branch can't dominate the cash flow. Past presidents have occasionally tried to exert control over federal spending. Whether it was…

  • Gold in Trump’s Office

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    Eleanor Stratton
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    Oval Office Decor and Its Significance Presidents often personalize the Oval Office with meaningful artifacts. In President Trump’s case, a notable addition is a shining gold trophy. This golden ornament raises questions: what is it and why display it? The replica’s presence carries deeper meaning. As the U.S. prepares to host most matches in the…

  • 14th Amendment Crisis: Constitutional Challenges to Revoking Birthright Citizenship

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    Eleanor Stratton
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    Historical Context of the 14th Amendment The 14th Amendment, ratified in 1868, addressed the challenge of defining citizenship after the Civil War. It aimed to overturn the 1857 Dred Scott decision, which had denied citizenship to people of African descent. The amendment’s language extended citizenship to “all persons born or naturalized in the United States,…