Logo
U.S. Constitution

Constitutional Topics

Browse articles in Constitutional Topics on U.S. Constitution

Supreme Court Immigration Rulings Explained: Border Power and the Constitution

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 “in...

Read more →
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 instruments...

Read more →
Primary Ballot Access: What Parties Can and Cannot Control

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 pushback...

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

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...

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

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...

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

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 vote that...

Read more →
Abortion Shield Laws Explained After Dobbs

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...

Read more →
War Powers Act Explained: What Congress Can and Cannot Do

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...

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

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 been a...

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

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, but...

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

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 are...

Read more →
Can Congress Stop Wall Street From Buying Homes?

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, what...

Read more →
Hur Audio Fight: Executive Privilege and DOJ Records

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 materials,...

Read more →
Who Controls the Kennedy Center?

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...

Read more →
Reflecting Pool Vandalism Arrests: What Federal Law Says

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...

Read more →
Can Members of Congress Trade Stocks?

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 says...

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

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 setup:...

Read more →
Can Courts Control a District Attorney?

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...

Read more →
What Is FISA? How Confirmation Votes and Surveillance Renewal Got Linked

What Is FISA? How Confirmation Votes and Surveillance Renewal Got Linked

FISA is one of those Washington acronyms that seems designed to stay mysterious until it suddenly becomes the headline. It stands for the Foreign Intelligence Surveillance Act , a post-Watergate and Church Committee era law that created special rules for spying in the name of national security. It...

Read more →
What Is the Filibuster? Senate Rules, New States, Court Expansion, and the Save America Act

What Is the Filibuster? Senate Rules, New States, Court Expansion, and the Save America Act

The word filibuster does not appear anywhere in the Constitution. And yet it routinely determines what the United States can and cannot do, not because it is a constitutional command, but because the Senate chose to build a supermajority gate into its own procedures. That is why a single newsy...

Read more →