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Articles on US Constitution

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Supporters of Issue 1, which would codify reproductive rights, including abortion, in the Ohio Constitution, cheer election results on Nov. 7, 2023. Andrew Spear/Getty Images

Voters don’t always have final say – state legislatures and governors are increasingly undermining ballot measures that win

Election year 2024 will see citizen initiatives on the ballot across the country, some focused on abortion rights. But there’s a growing trend of lawmakers altering initiatives after they have passed.
Donald Trump has claimed that presidents are immune from prosecution for official acts. AP Photo/Toby Brusseau

Trump’s arguments for immunity not as hopeless as some claim

The former president has raised several legal arguments that do not yet have clear answers. A constitutional scholar says they’re questions worth asking.
Donald Trump at a campaign event in Waterloo, Iowa, on Dec. 19, 2023. Kamil Krzaczysnki/AFP via Getty Images

Trump barred from Colorado ballot – now what?

A historian and legal scholar of a key part of the US Constitution explains what happens now that the Colorado Supreme Court has ruled Trump cannot be on the state’s presidential ballots.
Mitt Romney, left, represents an old-fashioned GOP conservatism. Donald Trump, right, doesn’t − and Romney is leaving politics. Jabin Botsford/The Washington Post via Getty Images

Reagan wouldn’t recognize Trump-style ‘conservatism’ – a look at how the GOP has changed

Republicans Mike Pence and Mitt Romney both spoke recently about the conservative ideals that animate their politics − and which Donald Trump has violated. Do voters care?
A display of books that have been banned in various places is on view at a community gathering space in Washington, D.C. Craig Hudson for The Washington Post via Getty Images

Where the Supreme Court stands on banning books

Current precedent relies on a 1982 case in which five justices generally agreed there were limits on a school’s power to ban books, but they didn’t agree on why.
Enrique Tarrio, leader of the Proud Boys, at left, and group member Joe Biggs were sentenced to many years in federal prison. Stephanie Keith/Getty Images

How local police could help prevent another January 6th-style insurrection

The Proud Boys are more of a loosely affiliated street gang than they are a unified right-wing militia, researchers say. But police ignore the threats from these groups, and their threats grow.
Janet Protasiewicz is sworn in as a state Supreme Court justice at the Wisconsin Capitol on Aug. 1, 2023. Sara Stathas for The Washington Post via Getty Images

Wisconsin GOP’s impeachment threat against state Supreme Court justice is unsupported by law and would undermine judicial independence

Impeaching a recently elected Wisconsin Supreme Court justice for conduct neither criminal nor corrupt would negate the people’s votes – and strike a blow at judicial independence.
Donald Trump continues to have − and to exercise − his free speech rights, even while under court orders. AP Photo/Alex Brandon

Jack Smith’s requested gag order, like judicial orders restricting Trump’s speech, seeks to balance constitutional rights

Trump has not been silenced. The limits on his speech protect fundamental rights − including his right to a fair trial by an unbiased jury and the public’s right to a working justice system.
People gather at the Marion County Republican Party headquarters after discussing Issue 1 on July 13, 2023, in Marion, Ohio. Maddie McGarvey/For The Washington Post via Getty Images

Ohio voters kept it easy to pass a constitutional amendment protecting abortion − but also for the majority to someday limit other rights

The recent push in Ohio to pass a constitutional amendment was seen as a move to curb abortion rights. It failed. Two scholars say the ballot measure was really about minority rights in a democracy.
Fulton County Sheriff officers block off a street in front of the Fulton County Courthouse on August 14, 2023 in Atlanta, Georgia. Joe Raedle/Getty Images

Georgia’s indictment of Trump is a confirmation of states’ rights, a favorite cause of Republicans since Reagan

Donald Trump faces ‘double the trouble’ as Georgia charges were added to federal charges brought over his alleged attempts to overturn the 2020 presidential election. And that’s thanks to federalism.

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