Articles by James Caldwell
Browse articles in Articles by James Caldwell on U.S. Constitution

A Strait of Hormuz Blockade Without Congress?
The Strait of Hormuz is not just a watery choke point. It is a constitutional one too. When the world’s most sensitive shipping lane becomes the stage for armed enforcement, the question is not only what happened at sea, but who, back home, has the authority to set the rules. After an incident...
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New Hampshire’s Campus Carry Fight
New Hampshire just shoved a hard question back onto the table: when you step onto a college campus, do you step out of your constitutional rights? A campus carry bill, HB 1793 , has cleared the New Hampshire House and now heads to the state Senate, where lawmakers will weigh it next. The bill is...
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Is the AR-15 Constitutionally Protected?
The Second Amendment debate has a bad habit of turning into a shouting match about modern politics instead of a serious argument about constitutional limits. This week, Assistant Attorney General for Civil Rights Harmeet Dhillon tried to drag it back to first principles, at least in the legal...
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The National Popular Vote End Run
For most Americans, the Electoral College is like a fuse box in the basement. You do not think about it until the lights flicker. But in the last few elections, the flicker has become a strobe, and now a growing bloc of states is trying to rewire the system without touching the Constitution at all....
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Trump’s Truth Social Blitz and the Politics of Sacred Imagery
President Trump used Truth Social the way some presidents used the Oval Office microphone: to define enemies, project command, and compress complicated disputes into sharable certainty. This week’s flare-ups moved on two tracks at once, a public dispute with Pope Leo XIV and a backlash over an...
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The EPA Case That Could Revive Nondelegation
Congress passes a law. An agency fills in the operational details. The public feels the impact. And somehow, no one can quite identify the moment when elected lawmakers made the big choice. That, in plain English, is the constitutional itch behind a new push to get the Supreme Court to take a case...
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Kentucky’s Gun-Maker Shield and the Price of Lawsuits
Kentucky is in the middle of a familiar American argument: who gets to set the rules when a national controversy lands on a statehouse desk? This time the spark is HB 78 , a bill the legislature passed and Gov. Andy Beshear vetoed on April 6, 2026 . The National Association for Gun Rights is urging...
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Harvard Sues Over International Student Ban
The federal government has significant power over the people and institutions it regulates. Often, that power shows up as forms, compliance checks, and rules that can change over time. Occasionally, it shows up as a ban. Harvard is suing the Trump administration after it banned the school from...
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Resignations, Not Expulsions
The House of Representatives is not a courtroom. It is not a human resources department, either. But it is a constitutional body with one glaring obligation that rarely gets tested in earnest: the duty to discipline its own members. This week, that duty collided with political reality. Rep. Tony...
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Birthright Citizenship and the Sovereignty Question
Every generation finds a new way to ask an old question: who is an American ? Sometimes the question comes dressed as a moral argument. Sometimes it shows up as a budget argument. Lately, it shows up in court as a sovereignty argument, the claim that the United States can only remain a nation if it...
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Trump’s DOJ Keeps a Biden Gun Rule
Presidents campaign like they can flip Washington like a light switch. New team in, old rules out. That story sells. It is also often false. On April 10, the Trump Justice Department kept a Biden-era gun rule in place. Whatever people expected from a change in administration, the immediate result...
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What Melania Trump’s Epstein Statement Really Demands
When powerful people get named anywhere near the Jeffrey Epstein story, the public reflex is predictable: someone is hiding something . That reflex is understandable. It is also dangerous. In a constitutional republic, outrage is not evidence, and vibes are not due process. That is why First Lady...
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Border Arrests and Real Warrants
The border is where Americans often assume the rules change. In some ways, they do. The government has broader authority at and near the nation’s entry points, especially for searches tied to immigration and customs enforcement. But border power still has edges. A legal question that can get lost...
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Calls for the 25th Amendment After Trump’s Easter Post
On Easter morning, President Donald Trump posted a message about Iran that was equal parts threat and spectacle. It included profanity, a deadline tied to the Strait of Hormuz, and even a religious sign-off: “Praise be to Allah.” But this was not posted into a vacuum. It landed as the war...
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When DHS Revokes Status by Email
There is a certain kind of government power that feels almost magical when it is aimed at someone else. A form gets updated. A policy shifts. An email goes out. And a life that was lawful yesterday becomes deportable today. That is the core tension in a new federal court ruling out of Boston, where...
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Trump, Bondi, and the DOJ: What a Leadership Swap Means for Your Rights
When people ask whether the Justice Department is “independent,” I usually answer with a question: independent from whom ? The Constitution does not create an independent Justice Department. It creates a President who must “take Care that the Laws be faithfully executed.” The DOJ is part of...
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Judge Blocks Trump Order Targeting NPR and PBS Funding
For years, Americans have argued about whether public broadcasting deserves taxpayer support. That is a policy fight. On March 31, a federal court said the Trump White House tried to turn it into something else entirely: a constitutional violation. In a ruling that goes straight to the First...
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When Schools Keep Parents in the Dark
A public school is not a family. It is not a church. It is not a private club with its own secret rules. It is an arm of the state, funded by taxpayers, entrusted with children, and bound by law. Which raises a question that sounds almost impolite in 2026 but should be routine in a constitutional...
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The Pledge and the Price of Dissent
Every school has its rituals. The morning announcements. The bell schedule. The routines that promise order in a building full of young, unpredictable human beings. And then there is the Pledge of Allegiance, a daily ceremony that sits at a uniquely American tension point: part civic tradition,...
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The Supreme Court Just Rewrote the Rules for Therapy Bans
Colorado tried to do what many states have done over the last decade: use professional licensing law to block licensed counselors from performing so-called “conversion therapy” on minors. On March 31, 2026, the U.S. Supreme Court said Colorado went too far, at least under the legal test the...
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