The President could command the armed forces without statutory limits. The Writ of Habeas Corpus could be suspended at any time, even without rebellion or invasion. Congress would no longer have exclusive legislative control over Washington, D.C. or military installations.
The executive could spend from the Treasury without congressional approval. The executive branch could favour certain ports or states in commerce, allowing economic favouritism, punishing or rewarding states.
The federal government might override state-level agreements without needing to respect boundaries. Congress would lose its broad enabling clause to legislate on powers not explicitly listed elsewhere.
The funny part: this means that states could create their own militaries, treaties, or currencies. So in theory that would grant the power for a far-more-independent California state that would have an easier time seceding.
"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
https://constitution.congress.gov/browse/article-1/
http://web.archive.org/web/20250721170235/https://constituti...
It also seems like it could be taken out for sections of the country to seceded from the union.
"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"
The level of paranoia here is unreal. We should be laughing at these idiots for being unable to manage a simple website, not spinning apocalyptic nonsense about how this will materially alter the constitution as applied in the courts.
To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces;
etc from their website.
Time to pack up the Carriers and Subs boys, the Congress.gov intern deleted the authorization for maintaining a Navy! It was a good run while it lasted!
NARA's, for example, still seems complete: https://www.archives.gov/founding-docs/constitution-transcri...
So is the Senate's: https://www.senate.gov/about/origins-foundations/senate-and-...
https://x.com/librarycongress/status/1953109733633597634?s=4...
Of course government doesn't work that way so we'll never see anything.
First, this is a link to the Constitution Annotated, a legal treatise that explains the Constitution and its written by the Congressional Research Service, a division inside the Library of Congress. They are NOT subject to Trump administration orders because they are a Legislative branch agency. There is a very live issue about the independence of the Library (that I've previously [written about](https://firstbranchforecast.substack.com/p/a-constitutional-...)), but at the moment the acting Library of Congress is independent and is not a Trump appointee.
Second, the addition or removal of information on the CONAN website has no legal effect and it's not an effort to conceal anything. More likely than not, it's an error on the part of the folks administering the website. You can find the print version of the document on the Government Publishing Office's website.
How do I know about this? Well, I used to work at CRS as a legislative attorney and sat next to the guy who edited the treatise. And then starting in 2009, when I was working at a non-profit, I began advocating for the CONAN to be published online, only to be rebuffed by the Library for more than a decade. Here are my [letters](https://github.com/DanielSchuman/Policy/wiki/Constitution-An...) on the topic.
It is entirely appropriate to be freaking out about the White House's efforts to take over the Legislative branch. I've written about that [here](https://firstbranchforecast.substack.com/p/submission-accomp...). But the CONAN website is not the thing to freak out about.
If you have concerns with the Congress dot gov website, and I have more than a view, use the LC's [feedback website](https://www.research.net/r/congress-gov-feedback) to let them know there's an issue.
(Apparently markdown doesn't work for formatting. Sorry.)
mmastrac•1h ago
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To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.