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U.S. Constitution

Articles by James Caldwell

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

Trump at Mount Rushmore and the Power of a Picture

Trump at Mount Rushmore and the Power of a Picture

There are two kinds of presidential power that matter in the real world. The first is the kind we teach in civics class: statutes, court orders, constitutional clauses, and the slow grind of enforcement. The second is the kind nobody can enjoin: the power of the stage. Tonight, President Donald...

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What July 4 Really Commemorates

What July 4 Really Commemorates

Every July 4, the country does what it does best: it turns a hard argument into a holiday. We light fireworks, wave flags, and tell ourselves a comforting story about a clean break from tyranny. Then the calendar rolls on and the questions we avoided come rolling after it. Here is the civic truth...

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The Court Lets States Bar Trans Girls From Girls’ Sports

The Court Lets States Bar Trans Girls From Girls’ Sports

For years, the fight over girls’ sports has been sold as a cultural argument about fairness, safety, and identity. The Supreme Court’s latest move forces a more uncomfortable civics question: who gets to define what “equal” means inside a public school , and under which constitutional...

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The FTC Firing Case and the End of “Independent” Commissions

The FTC Firing Case and the End of “Independent” Commissions

The Supreme Court just answered a question that has hovered over Washington for nearly a century: when Congress creates an “independent” regulatory commission, can it still force the President to keep commissioners he does not want? In Trump v. Slaughter , the Court said no. By a 6-3 vote, the...

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Springfield’s Haitian Neighbors and the Fragile Promise of Legal Belonging

Springfield’s Haitian Neighbors and the Fragile Promise of Legal Belonging

Springfield, Ohio has become a kind of national looking glass. Not because it asked to be, and not because the people building lives there are doing anything remarkable in the headline sense. It is a looking glass because a Supreme Court ruling just turned a legal category into a trapdoor. When the...

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Court Packing and the Separation of Powers

Court Packing and the Separation of Powers

When Americans argue about the Supreme Court, they usually argue about outcomes: who won, who lost, and what the justices “did to” one side or the other. But lately the argument has shifted. Not what the Court decided, but what the Court should be . After a string of high-profile Trump-era...

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Court-Packing After the Haiti TPS Ruling

Court-Packing After the Haiti TPS Ruling

When people hear “separation of powers,” they often picture three branches neatly checking each other like a well-trained debate team. In real life, the checks are rougher. They are political. They are procedural. And sometimes, they are blunt instruments. This week, one of those blunt...

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Ninth Circuit Blocks California’s School Secrecy Law

Ninth Circuit Blocks California’s School Secrecy Law

California tried to settle a culture-war question with a statute: when a student adopts a new gender identity at school, what exactly can educators tell mom and dad? On June 19, a panel of the U.S. Court of Appeals for the Ninth Circuit issued an injunction blocking enforcement of key parts of...

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Can Veterans Sue First? The Supreme Court Takes Up VA Gatekeeping

Can Veterans Sue First? The Supreme Court Takes Up VA Gatekeeping

For decades, veterans have been told some version of the same thing: Start with the VA . File the paperwork. Take your place in the line. If you lose, appeal. If you lose again, appeal again. And only at the far end of that long hallway does a real judge eventually appear. Now the Supreme Court is...

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Supreme Court to Decide If Veterans Can Skip the VA Appeals Track

Supreme Court to Decide If Veterans Can Skip the VA Appeals Track

Every civics student learns the comforting phrase: you can take your case to court. Then real life walks in and asks a harder question: which court, when , and on whose timeline ? Next term, the Supreme Court will confront that question in a case that sits at the intersection of two American...

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Court Packing and the Separation of Powers

Court Packing and the Separation of Powers

A sitting U.S. senator just addressed, in plain terms, a topic that can turn politically volatile fast. Senator Raphael Warnock of Georgia, asked on Meet the Press about expanding the Supreme Court, replied that all options have to be on the table . That line matters because court expansion is not...

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Short Circuit: The Constitution in the Small

Short Circuit: The Constitution in the Small

Help keep independent patriotic journalism alive Donate now .donate-patriot-button .donate-flag-icon .donate-main .donate-sub

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SCOTUS Passed on the Hunter Biden Laptop Case

SCOTUS Passed on the Hunter Biden Laptop Case

Some Supreme Court moves arrive with a bang. Others arrive with a shrug, and that shrug can still matter. The Court declined to take up a case tied to the Hunter Biden laptop . There is no blockbuster merits ruling to parse, no sweeping new test announced. But a pass is still a decision. It still...

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The Court Just Made Its Voting Rights Damage Worse

The Court Just Made Its Voting Rights Damage Worse

Here is the question I wish every civics student would ask before we start arguing about parties, personalities, or punditry: What is the Supreme Court for ? If your answer is “to enforce the rule of law,” then Tuesday evening’s unsigned shadow-docket order in the Alabama redistricting fight...

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Can a Protest Flag Be Banned?

Can a Protest Flag Be Banned?

Here is the uncomfortable truth we keep rediscovering in American life: political speech is often ugly, ambiguous, and deliberately provocative. A protest flag is not designed to be soothing. It is designed to be seen. So the constitutional question is not whether a protest flag is in good taste....

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Iran Strikes Kuwait Airport as Trump Says Talks Continue

Iran Strikes Kuwait Airport as Trump Says Talks Continue

When a ceasefire is real, civilians can feel it. Planes take off. Markets unclench. Families stop checking their phones every few minutes. When a ceasefire is mostly words, it looks like this: Iran launches a missile and drone attack targeting U.S. military bases in Kuwait, the incoming weapons are...

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Trump’s Endorsement Power Hits a Primary Reality Check

Trump’s Endorsement Power Hits a Primary Reality Check

Every election cycle has its shiny objects. This week’s primaries have one that is stranger than most: a Trump-backed, reality TV famous, online influencer turned candidate trying to crack open Los Angeles City Hall, a place Republicans have not won in roughly three decades. But the deeper story...

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Appeals Court Keeps Block on Trump’s Transgender Troop Ban

Appeals Court Keeps Block on Trump’s Transgender Troop Ban

Every generation gets its own version of a familiar question: Who gets to define what the military is, and who gets to belong in it? This week, a divided federal appeals court in Washington, D.C. stepped into that question and came down, at least partly, against President Donald Trump’s push to...

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Trump Wants New York Cases Tossed

President Donald Trump is demanding that New York courts wipe away two of the legal judgments stemming from his recent New York cases: his criminal conviction in the hush money matter and the civil fraud judgment against him and the Trump Organization. In an overnight post on Truth Social, Trump...

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Indiana Jail Hire Arrest Raises Questions About Asylum Claims and Screening

Indiana Jail Hire Arrest Raises Questions About Asylum Claims and Screening

Every civics class eventually arrives at the same uncomfortable truth: the American system is built on paperwork. Rights get asserted on forms. Duties get assigned on forms. And, more often than we would like to admit, the public safety we assume is “screened” into existence is also built on...

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