Constitutional Issues Archives

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Teaching the 26th Amendment

September 16, 2021

One of the most important things that schools can do to promote civic and political engagement is to explicitly teach about elections and voting.1 While this can include teaching about current elections and ballot initiatives or processes such as voter registration, it should also include lessons on the struggle for voting rights by different groups […]

The 50th Anniversary of the 26th Amendment

March 22, 2021

Congress passed the 26th Amendment in March 1971; it was ratified by the states and signed by President Richard Nixon by July of that same year.1 The amendment lowered the voting age to 18. It reads: Section 1 The right of citizens of the United States, who are eighteen years of age or older, to […]

156 Years and Counting: Reparations for Slavery in 2021

February 24, 2021

In the wake of this past summer’s demonstrations and civil unrest spurred by accusations of wrongful police killings and systemic racism, Congress is considering legislation regarding reparations to Black Americans who are descended from enslaved people. The bill, H.R. 40: Commission to Study and Develop Reparation Proposals for African Americans Act, was introduced by Representative […]

The 14th: Why A Reconstruction-Era Amendment is in the News

February 23, 2021

Now that former President Donald Trump’s second impeachment trial has concluded with another acquittal, some lawmakers and voters remain unsatisfied with the results.1 Had President Trump been found guilty by the Senate, he would have been barred from holding federal office again in the future. With an acquittal, President Trump remains eligible to run once […]

Historic Second Impeachment, Part Two: Questions of Crime and Punishment

February 08, 2021

This week, the Senate commences an historic second trial of former President Donald Trump, stemming from his actions pertaining to the January 6 Capitol riot.1 Against a backdrop of heightened security, threats made against members of Congress,2 and tensions within the Republican Party,3 senators must determine President Trump’s innocence or guilt, as well as what […]

Historic Second Impeachment, Part One: Questions of Constitutionality and Unity

February 03, 2021

Last week, the House of Representatives delivered an article of impeachment to the Senate, accusing former President Donald Trump of inciting violence against the U.S. government on the basis of his actions relating to the January 6 storming of the Capitol.1 Already the first U.S. president to be impeached twice, President Trump will also become […]

Fallout and Consequences, Part Two: Free Speech and Censorship

January 15, 2021

The fallout continues to mount from the January 6 attack on the Capitol. In previous blog posts, we offered a collection of resources and articles and explored the question of accountability for elected officials. In this post, we examine a thorny issue that is also emerging as institutions respond to riots: the power of private […]

Fallout and Consequences, Part One: Who is Accountable?

January 13, 2021

The events at the Capitol on January 6 are forcing voters and elected officials to face some challenging questions. In a previous blog post, we provided some resources to help you begin to address some of these questions; in an upcoming post, we will examine other questions related to free speech. In this post, we […]

Norms, Rules, and Tradition

December 15, 2020

As journalists, historians, and political commentators reflect on the administration of outgoing President Donald Trump, one word keeps coming up: norms. To his critics, this is cause for concern. But President Trump’s supporters sometimes see his norm-breaking actions as efforts to change the political culture of Washington. Here, we will offer definitions and examples of […]

Executive Privilege and the Supreme Court

May 18, 2020

Last week, the Supreme Court heard arguments in two cases involving President Donald Trump’s tax returns and financial records, Trump v. Mazars and Trump v. Deutsche Bank. During the 2016 election, then-candidate Trump broke with tradition and refused to release many of his financial records and tax returns. The president is suing his accountants and […]