Category: Constitutional Topics

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 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,…

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…

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…

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…

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…

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,…

Constitutional Basis for Tariff Authority Article I, Section 8 of the U.S. Constitution vests the power to lay and collect tariffs with Congress. The Founding Fathers intended for legislative oversight on taxation, tariffs, and related financial matters, viewing tariffs as strategic levers to be used with caution and prudence. Historically, Congress set tariffs and maintained…

What the Constitution Allows (and What It Doesn’t) Article II of the U.S. Constitution provides the foundation for executive orders, vesting the president with the authority to ensure laws are faithfully executed. This power, while significant, is bound by existing federal laws and constitutional rights. Presidents throughout history have used executive orders in various ways.…