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Archive of Articles in the "The Constitution" Category

Trump's Birthright Citizenship Changes Blocked, Again

[ Posted Thursday, July 10th, 2025 – 16:57 UTC ]

When the Supreme Court rules, in many instances it issues the final legal word on a particular issue. Congress can always try to legislate changes to the law after such a ruling, but as far as the judicial system is concerned, once the Supreme Court rules all lesser judges must follow their ruling. But this legal finality is not always true, because a Supreme Court ruling can, in many instances, only address one particular legal facet of the underlying constitutional case. The high court sometimes takes this route intentionally, ruling on one legal detail and then returning the case back to the lower courts for further proceedings -- allowing the initially-filed case to continue, just with new technical (and limited) instructions from the Supreme Court about how the lower judges should handle it. And although some saw the Supreme Court's recent decision on Donald Trump's executive order which attempted to redefine what birthright citizenship means in the Fourteenth Amendment as the final legal word, it was not. It wasn't even close to a final decision, since the Supreme Court actually completely ignored the underlying constitutional issue in question. Instead, they used the case to make a sweeping ruling limiting lower-court judges to issue nationwide injunctions which block some move by the president or his administration. By doing so, they overturned a nationwide injunction which barred the Trump administration from attempting to implement his new definition (which would have severely limited the grant of citizenship for babies born on American soil). But they put their order on a 30-day pause, and they left a loophole.

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Friday Talking Points -- GOP's Budgetary Crunch Time

[ Posted Friday, June 27th, 2025 – 18:14 UTC ]

It's not exactly front-and-center in the news, but Republicans have entered a budgetary crunch time in a big way. The outcome is going to be extremely significant to hundreds of millions of Americans, but reporting on it is time-consuming and detail-oriented, so it's a lot easier to just chase whatever shiny object Donald Trump trots out for the press instead.

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Friday Talking Points -- Run It Up The Flagpole

[ Posted Friday, June 20th, 2025 – 19:09 UTC ]

Maybe Donald Trump missed his calling in life. Maybe he secretly dreams of running a car dealership lot. Previously, he turned the White House lawn into a showroom for Teslas (as he showed his tenuous grasp of the English language, saying: "It's all computer!"). Now he has erected two very tall flagpoles on the White House grounds, complete with the sort of giant flag one usually sees from a highway to signify an auto dealership. Which means our title this week pretty much had to be based on the maxim: "Let's run it up the flagpole and see who salutes!"

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The Pros And Cons Of Attacking Iran

[ Posted Wednesday, June 18th, 2025 – 16:37 UTC ]

Today Donald Trump was asked whether he had made the decision to attack Iran's nuclear sites or not. He answered with perhaps the truest words he has ever spoken: "You don't seriously think I'm going to answer that question. You don't know that I'm going to even do it. You know, I may do it. I may not do it. I mean, nobody knows what I'm going to do." It's hard to disagree with that, really.

But the subject deserves more than just snark, since it is a serious decision Trump has to make -- and it would be an equally tough decision for any U.S. president to have to make. Entering the country into a war is always a serious decision, and it should be treated as such by all concerned.

The stakes are high. There are valid arguments to be made on both sides of the issue. Whatever Trump decides, it will come with some degree of risk -- both for the country and for him politically.

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Friday Talking Points -- A Shameful Display

[ Posted Friday, June 13th, 2025 – 17:55 UTC ]

It has been a week of dangerous precedents being set -- and it's not over yet.

One precedent that didn't get much media attention (but which is truly disturbing) was Donald Trump giving a nakedly political speech to American soldiers in uniform, where he pre-screened the crowd for both looks and ideology. One memo sent out before Trump arrived specified: "No fat soldiers." Another stated: "if soldiers have political views that are in opposition to the current administration and they don't want to be in the audience, then they need to speak with their leadership and get swapped out."

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The Battle For Hearts And Minds

[ Posted Thursday, June 12th, 2025 – 16:20 UTC ]

The most important battle over immigration policy isn't being fought on the streets of Los Angeles right now, but rather over the airwaves. This is the fight for public opinion, and it could go either way. If the public largely sides with Trump's immigration tactics, it will strengthen his hand. But if the public decides the tactics go too far then it will weaken him in the long run. How the events of this week are ultimately seen by the public could be the deciding factor. Is Donald Trump and his administration doing what the voters elected him to do, or is he vastly overreaching in a dictatorial fashion? That's the entire rhetorical battle in a nutshell.

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Journalists Targeted

[ Posted Tuesday, June 10th, 2025 – 16:24 UTC ]

There has been a very dangerous development in the Los Angeles protests, although so far it seems to be a series of isolated incidents as opposed to any sort of blanket policy. Journalists covering the protests and the police response have been targeted by police using what is now being called "less-than-lethal" weapons (non-lethal rounds such as rubber bullets). And so far, it appears that this targeting has happened not from the members of the National Guard or U.S. military (who have now been deployed, in a serious escalation of the situation by Donald Trump) but rather from local and state police forces. Which is almost more worrisome, since it can't be chalked up to the federal militarization of the response to the protests.

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Split-Screen Moment Ahead

[ Posted Monday, June 9th, 2025 – 16:41 UTC ]

We seem to be quickly headed for a confluence of events that is going to produce a rather shocking split-screen moment next weekend. We could be simultaneously watching a parade that is ostensibly being given for the celebration of the U.S. Army's 250th anniversary, while we also watch the national military being deployed on the streets of American cities. That's a jarring contrast, you have to admit.

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Friday Talking Points -- No YOU'RE The Poopyhead!

[ Posted Friday, June 6th, 2025 – 18:31 UTC ]

The world's richest man and the world's most powerful man got into an online fight yesterday, which began when Elon Musk tweeted out: "Donny Trump is a poopyhead!" -- to which Donald Trump immediately responded: "No YOU'RE the poopyhead Elon!!!"

Well, no. That's not actually how it happened. But it's not that far from the reality, sad to say.

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Democrats Need To Fight Back

[ Posted Thursday, June 5th, 2025 – 16:52 UTC ]

While I do realize that a very entertaining playground fight between the world's most prominent schoolboys is currently raging, I am going to exercise a monumental amount of restraint and not address the dustup between Elon Musk and Donald Trump today. Besides, by tomorrow, there'll probably be several more amusing developments to talk about, right?

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