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U.S. Constitution

Articles by James Caldwell

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

Harvard Sues Over International Student Ban

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

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

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

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

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

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

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 between...

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When DHS Revokes Status by Email

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

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 that...

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Judge Blocks Trump Order Targeting NPR and PBS Funding

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

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

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

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 lower...

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A Supreme Court Test for Gun-Industry Immunity

A Supreme Court Test for Gun-Industry Immunity

Congress does not pass many laws that announce their purpose as plainly as the Protection of Lawful Commerce in Arms Act of 2005. Supporters of the law have long described the idea in straightforward terms: if a firearm is made and sold legally, and then later misused by a criminal, the...

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Arrested by an Algorithm

Arrested by an Algorithm

A warrant is supposed to be the Constitution’s way of forcing the government to slow down, look closely, and justify itself. It is the point where suspicion has to harden into something more than a hunch. So what happens when a warrant is influenced by a machine’s “maybe,” and that maybe starts to...

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ICE at the Airport: Emergency Patch or New Normal?

ICE at the Airport: Emergency Patch or New Normal?

Airports are one of the few public spaces where Americans already accept a heavy federal footprint as the price of safety. Metal detectors, ID checks, pat downs, no liquids, no jokes about bombs. We have lived inside that bargain for a generation. Now comes a new question, sharpened by a government...

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D.C. Judges and the Second-Term Presidency

Washington, D.C. is not just the seat of the federal government. It is where federal power gets questioned in public, under oath, and on a timetable that can move far slower than politics. Right now, that timetable is colliding with major parts of President Trump’s second-term agenda. In case after...

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Post Office Gun Ban Heads for a Showdown

Every generation gets its own version of the same civic argument: Where does a constitutional right end, and where does the government’s power to manage public spaces begin? This month, that argument moved into a particularly ordinary place with an unusually sharp legal edge, the neighborhood post...

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Judge Orders Attorney Access at Florida’s ‘Alligator Alcatraz’

Judge Orders Attorney Access at Florida’s ‘Alligator Alcatraz’

A federal judge has issued a pointed reminder to Florida’s Everglades immigration detention facility known as “Alligator Alcatraz”: detention does not come with a pause button for lawyer access. U.S. District Judge Sheri Polster Chappell has entered a preliminary injunction requiring the facility...

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Fentanyl, Money, and National Security

Fentanyl, Money, and National Security

When a drug kills this many Americans, it stops being just a “crime problem.” It becomes something closer to a sovereignty test. That is the argument South Carolina Attorney General Alan Wilson is forcing the country to face: fentanyl is not only a public health catastrophe, it is a national...

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