Constitutional Topics

Same Names on the Ballot: What the Law Actually Requires

Voters sometimes assume that if two candidates share a name, one of them must be barred from the ballot. In practice, election law often takes the opposite approach. Many states try to reduce confusion through ballot formatting and disclosure , not by limiting who may run. This matters in Alaska...

Can Congress Break Up Apple? Antitrust Power and the Constitution

When a member of Congress says a company like Apple is “far too big” and floats a breakup as prices rise, it hits a nerve for a simple reason: people can feel market power. But the constitutional question is more precise than the political one. Can Congress break up Apple? Congress can create...

Supreme Court Immigration Rulings Explained: Border Power and the Constitution

When the Supreme Court issues an immigration decision, the headlines tend to collapse everything into one question: Who is in charge of the border? The White House, Congress, the courts, or the states. That is the right question, but it has three different answers depending on what you mean by...

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...

Primary Ballot Access: What Parties Can and Cannot Control

Whenever an outsider candidate wins a primary, a familiar question suddenly becomes urgent: how did they get on the ballot in the first place , and can the party change the rules to stop it from happening again? This week’s wave of commentary about insurgent primary wins and establishment...

What the SAVE Act Would Do, and Why a House Rules Fight Can Stop It

The news hook is procedural, but the stakes are substantive: House conservatives used rules votes as leverage to demand floor time for the SAVE Act . In a closely divided House, threatening to vote down the rule for unrelated legislation can stall the chamber, because most major bills cannot reach...

Temporary Protected Status: What TPS Is and What the Supreme Court Said

Temporary Protected Status, or TPS, rarely makes headlines until a designation is extended, narrowed, or ended. That is because TPS sits at a constitutional pressure point: Congress writes immigration statutes, the executive branch administers them, and the courts resolve disputes over what the...

Can Congress Stop a President’s War? War Powers, Iran, and the Constitution

When the Senate votes on an “Iran war powers resolution,” it is not voting on whether war is a good idea. It is voting on a much older question that the Constitution never cleanly answers: who decides when America is “at war,” and who decides when it stops? Today’s news hook is a Senate...

Abortion Shield Laws Explained After Dobbs

You can feel the post-Dobbs legal map in the latest headlines. One frequently cited estimate, from the Society of Family Planning’s #WeCount project, reports roughly 330,000 medication-abortion regimens were provided via telehealth under protective shield-law regimes to patients living in states...

War Powers Act Explained: What Congress Can and Cannot Do

When a war powers vote hits the Senate floor during a live foreign policy standoff, the public question is predictable: can Congress actually make a President stop? The legal answer is less satisfying, but more important. The Constitution splits war authority between two branches on purpose, and...

Can USDA Ban Soda From SNAP? What the Law Would Require

When a headline says a judge “blocked a SNAP soda ban,” it sounds like a food policy dispute. But the core issue is older, and more constitutional, than soda: who gets to decide what a congressionally funded benefit covers , Congress or the executive branch? Important context: There has not...

Filibusters, Shutdowns, and Voter ID: What the Constitution Leaves to the Senate

When headlines say the Senate is “stuck” over the filibuster, or that a spending deadline could trigger a government shutdown, it can sound like a constitutional crisis. Most of the time, it is not. It is something more mundane and more revealing: the Constitution gives Congress a structure,...

Can a President Block Hormuz, Lift Sanctions, and Set Nuclear Terms Without Congress?

When a president claims he can do three things at once, keep a strategic waterway open (or blockade it), release sanctions money into a U.S.-monitored escrow channel, and lock in “highest level” nuclear inspections “long into the future,” the constitutional question is not whether the goals...

Can Congress Stop Wall Street From Buying Homes?

When a headline says Congress is moving to stop “Wall Street” from buying homes, most people hear a simple question: can the federal government block a private buyer from purchasing a house? The constitutional answer is not a clean yes or no. It depends on how Congress writes the restriction,...

Hur Audio Fight: Executive Privilege and DOJ Records

When the executive branch refuses to release audio recordings from a high-profile special counsel investigation, it can feel like a procedural footnote. It is not. In the dispute over audio from Special Counsel Robert Hur’s investigation into President Joe Biden’s handling of classified...

Who Controls the Kennedy Center?

The Kennedy Center sits in Washington, DC, hosts presidents, premieres, and school groups, and carries a name that feels as permanent as marble. But its real story is not just cultural. It is civic. The Center is a performing-arts venue with an unusually federal footprint, and that hybrid design...

Reflecting Pool Vandalism Arrests: What Federal Law Says

When people hear about arrests connected to the Lincoln Memorial Reflecting Pool, the instinct is to treat it like any other local vandalism case. It is not. The Reflecting Pool sits on federal land, managed as part of the National Mall, and that changes many of the practical basics: who...

Can Members of Congress Trade Stocks?

Every time a headline resurfaces about a lawmaker buying or selling shares at a politically convenient moment, the same public question returns: is congressional stock trading actually legal ? Today’s news hook is a familiar one: a former House member who once brushed off the idea of a ban now...

Can a State Limit ICE? Sanctuary Laws, Federal Power, and Preemption

When headlines say the Justice Department is suing a state over “sanctuary” limits, the constitutional question is usually simpler than the politics: Can a state refuse to help ICE , and if it can, how far can it go before it starts interfering with federal law ? To be clear on the factual...

Can Courts Control a District Attorney?

District attorneys are typically elected to make hard calls that judges are not supposed to make. Who gets charged, what the charges are, whether a plea deal is offered, and whether a conviction should be defended on appeal are core prosecutorial functions. In American constitutional design, those...