Constitutional Topics

Can a President Rename a Lake?

You can rename a lake in a speech in about five seconds. You can even instruct executive-branch agencies to start using the new name in their press releases and talking points. But you cannot rename geography the way you rename a post office, because geographic names live in shared systems that...

Can Noncitizens Vote? What the Constitution Says About Voter Rolls and Citizenship

The fight over noncitizens on voter rolls often sounds like a single yes or no question: can noncitizens vote? For federal elections , the legal answer is straightforward: noncitizens cannot vote . The Constitution leaves most election administration to the states, but Congress has layered federal...

Can the FCC Punish the Media? First Amendment Limits on Broadcast Regulation

When a public figure says a network host should be “reported to the FCC for rebuke or punishment” over allegedly inaccurate commentary, it taps into a persistent American misunderstanding: that because broadcasters use “public airwaves,” the government can police their news judgments. The...

AI-Generated CSAM and the First Amendment: Why Courts Say Their Hands Are Tied

The headline is unsettling for a reason: Supreme Court precedent often constrains how far lawmakers can go in criminalizing at least some computer-generated or AI-generated child sexual abuse material (CSAM) , especially where the government cannot prove a real child was involved. That is not...

Why Vandalizing the WWII Memorial Can Be a Federal Crime

You can stand on a street corner in America and say a lot. You can march, chant, carry a sign, and make your point loudly. But those rights are not unlimited. Noise rules, permit requirements for certain events, and laws against true threats, harassment, or incitement can still apply. And if you...

Can a President Rename Lake Ontario?

You can rename almost anything in Washington by simply deciding to call it something else. The harder question is whether anyone else is required to play along. That is the real constitutional story behind a recurring kind of controversy: reports that a president might try to rebrand a major...

Can Noncitizens Be on Voter Rolls?

Every election cycle seems to rediscover the same unsettling sentence: noncitizens on the voter rolls . Recently, the Republican National Committee said it warned New Jersey election officials that it may sue over records it claims show noncitizens on registration lists, with a compliance deadline...

Can Congress Subpoena Sanctuary City Prosecutors?

When members of Congress threaten subpoenas, it can sound like a simple question of muscle: Can Washington summon anyone, anywhere, and demand answers? The Constitution’s real answer is both more powerful and more limited. Congress has broad investigative authority as an implied incident of Article...

Can the President Restrict Mail-In Voting?

Mail-in voting can feel like a single national system because the envelopes look familiar and the Postal Service is federal. But constitutionally, elections are mostly not federal programs. They are state-run events with a federal overlay. That is why executive orders aimed at mail ballots often...

Can States Ban Welfare Cash for Tattoos, Vapes, and Video Games?

You can feel the instinct behind policies like this: if public dollars are meant to keep families afloat, the state should be able to say they cannot be used for tattoos, vapes, theme park tickets, or a new game console. But here is the necessary clarification up front: despite a lot of...

What Power Does a State Attorney General Have Over Sheriff ICE Operations?

When immigration enforcement shows up on a county road, it can look simple: a deputy pulls a driver over, checks identity, calls ICE, and someone winds up in federal custody. But constitutionally, that one traffic stop can involve at least three governments at once: a local sheriff’s office, a...

Can a Member of Congress Be Prosecuted? Legislative Immunity Explained

Members of Congress write laws. They investigate. They hold hearings that can damage reputations. They give speeches that ignite national arguments. So it is natural to assume they are insulated from ordinary criminal prosecution. The Constitution does give them a kind of immunity. But it is...

Warnock’s 3-step power plan and the constitutional choke points

Sen. Raphael Warnock has sketched a three-step playbook for what Democrats should do if they claw back congressional power: investigate Southern redistricting , add new states , and push a constitutional amendment that guarantees the right to vote . It is an ambitious sequence, and it is also a...

Can Sex Offenders Run for School Board? What California Law Allows

Proposals to tighten who may hold public office tend to generate loud reactions, especially when they involve schools. One version that regularly returns to state capitols, including in California, raises a blunt civic question: can a registered sex offender legally run for school board or other...

Can the U.S. Revoke Visas From Asylum Seekers?

Visas feel like permission slips. You have one, you show it, you enter, you stay until the date on the stamp. But U.S. immigration law treats a visa as something narrower and more fragile: a travel document that lets you seek admission at a port of entry. Once you are inside the United States, your...

What the NSA Can and Cannot Do: Election Intelligence, Oversight, and the Constitution

When a memo or whistleblower story claims the National Security Agency sat on election-threat reporting, the instinctive question is personal: Who decided that, and are they allowed to do it? But the real answer is structural. The NSA lives inside a constitutional machine with three kinds of...

Can a President Impose 50% Tariffs on Canada?

The Constitution puts the power to impose tariffs in Congress , not the President. Article I gives Congress authority to “lay and collect Taxes, Duties, Imposts and Excises” and to “regulate Commerce with foreign Nations.” In the founding design, tariffs were supposed to be a legislative choice...

Firing the Newsroom: Stars and Stripes, the First Amendment, and Congress’s Job

When the Pentagon fires the top leaders of a newspaper that exists to serve American service members, it is tempting to reach for a single tidy headline: censorship . But the harder question is the constitutional one. What does the First Amendment actually protect inside a newsroom where the...

Can the Secretary of State Freeze Visas?

The U.S. Constitution does not mention the terms visa or immigration ban explicitly. But it does build a system where major government actions need a lawful source of power: Congress writes statutes, the executive branch administers and enforces them (including through regulations when Congress...

Can a President Waive Beef Tariffs?

You can feel the constitutional tension in a sentence like this: the United States will allow up to 300,000 metric tons of ground-beef product to be imported for 90 days with “no out of quota tariff.” That is policy language. It is also power language. But unless you can point to the implementing...