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The Latest Breaking News from James Madison

A brief history of congressional oversight, from Revolutionary War financing to Pam Bondi

Routine congressional oversight hearings usually don’t make headlines. Historically, these often low-key events have been the sorts of things you catch only on C-SPAN – procedural, polite and largely ignored outside the Beltway.

The Conversation

Coming Soon to the Supreme Court: Are Tariffs Taxes?

The correct answer is: Yes, even when they are also regulations. Whether the Court agrees could determine the future of presidential power.

Reason

The Erie Canal: How a ‘big ditch’ transformed America’s economy, culture and even religion

Two hundred years ago, on Oct. 26, 1825, New York Gov. DeWitt Clinton boarded a canal boat by the shores of Lake Erie. Amid boisterous festivities, his vessel, the Seneca Chief, embarked from Buffalo, the westernmost port of his brand-new Erie Canal.

The Conversation

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Why free speech rights got left out of the Constitution – and added in later via the First Amendment

Bipartisan agreement is rare in these politically polarized days.

The Conversation

In-State College Football Rivals Extend Series Through 2040

No sport plans for the future quite like college football.

Sports Illustrated

The 5th Circuit Rejects Trump's Invocation of the Alien Enemies Act

The appeals court blocked the removal of alleged Venezuelan gang members under that law "because we find no invasion or predatory incursion."

Reason

Was the Bill of Rights a Bad Idea? Some Founding Fathers Thought So.

Did they have a point?

Reason

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How Protectionist Wine and Liquor Laws Violate the Constitution

The Commerce Clause protects free trade between the states.

Reason

The US supreme court paved the way for Texas’s gerrymandering mess

In a 2019 case, John Roberts said federal courts shouldn’t intervene in such matters. Trump’s team is taking advantage

The Guardian - US

Trump has fired the head of the Library of Congress, but the 225-year-old institution remains a ‘library for all’ – so far

Carla Hayden, the 14th librarian of Congress, who has held the position since 2016, received an unexpected email on May 8, 2025.

The Conversation

Justice Barrett on Justice Jackson in Trump v. CASA

The two newest justices spar over universal injunctions.

Reason

Mike Johnson Thinks Trump Should Have Even More of Congress' Warmaking Power

Presidents have chafed against the War Powers Resolution since it was first signed.

Reason

Trump's Unconstitutional Act of War

Plus: A criminal justice case that managed to unite Alito and Gorsuch.

Reason

A US senator’s X posts after the Minnesota shootings were horrific – and predictable

Mike Lee knows better than to turn tragedy into disinformation. But outrageousness has become the name of the game

The Guardian - US

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Reason

Parades Are Great, but We Shouldn't Venerate the Military

America’s founders were deeply suspicious of a standing army.

Salon

One weird trick — to save democracy?

Stanford prof James Fishkin says he can end political deadlock, and build true democracy for the internet age

Reason

What J.D. Vance Gets Wrong About Judicial Deference to Executive Power

The federal courts are supposed to be a bulwark against presidential overreach, not a rubber stamp.

Reason

The Alien Enemies Act Doesn't Say What Trump Claims It Says

Father of the Constitution James Madison made a distinction between alien enemies and alien friends.

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Reason

Trump's Use of the Alien Enemies Act Violates Madison's View of Presidential Power

Alleged criminal aliens may face legal punishment. But only after receiving due process of law.

Reason

DC Circuit Upholds District Court Order Blocking Deportations Under The Alien Enemies Act

The 2-1 ruling is procedural, but strongly suggests the majority judges also reject the Trump administration's position on the merits.

Reason

Trump's Attack on the Courts Channels the Worst of Theodore Roosevelt

An unconstitutional act is still unconstitutional even if lots of people support it.

Reason

States Keep Suing the Feds, but Not in Defense of Federalism

State Attorneys General appear more interested in lining up with their political tribe than they are in defending state interests.

The Conversation

Trump is using the Alien Enemies Act to deport immigrants – but the 18th-century law has been invoked only during times of war

As President Donald Trump often promised during his 2024 presidential campaign, on March 15, 2025, he invoked an obscure 18th-century law called the Alien Enemies Act to justify deporting 137 Venezuelans he says are associated with a Venezuelan gang.

Reason

Perils of Unitary Executive Theory

The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.

The Conversation

A short history of the separation of powers: from Cicero’s Rome to Trump’s America

In the four weeks since he was inaugurated for his second term as US president, Donald Trump has issued dozens of executive orders – many of which are now the subject of legal challenges on the grounds they exceed his authority under the US constitution. As a result, some will…

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