Has the Trump administration removed an important provision of the U.S. Constitution?
On Wednesday, Reddit users posted that parts of Article I of the
Constitution—including provisions on the requirement to present detainees
before a court, as well as clauses limiting the powers of Congress and
individual states—appeared to be missing from the site. Using the Internet Archive’s
Wayback Machine, they found that the full text had been available until July
17, but was absent in subsequent snapshots.
Some users claimed that the Trump administration had secretly
deleted these sections of the Constitution without congressional approval. One
post on Threads declared:
BREAKING: The U.S. government’s official website has quietly
deleted Sections 9 and 10 of Article I of the Constitution. Again: they did not
amend the Constitution, it was never debated in Congress. They simply erased
two of the most protective clauses—the ones requiring detainees to be presented
before a court, limiting federal power, and giving Congress sole authority over
tariffs.
But deleting text from a website does not erase it from the
Constitution.
Amendments to the U.S. Constitution can only be made through the
formal process described in Article V, which requires two-thirds approval in
both the House and Senate, followed by ratification by three-fourths of the
state legislatures or state conventions.
The complete Constitution remained available on the websites of
the National Archives and the nonprofit National Constitution Center.
At 11 a.m. local time on Wednesday, the Library of Congress
posted on X that the missing portions were the result of a “coding error.” The
post stated: *“We are working to fix this issue and expect it to be resolved
soon.”* The website also displayed a banner saying: *“The Constitution
Annotated site is experiencing data issues. We are working on a resolution.
Sorry for the inconvenience.”* A few hours later, the Library confirmed the
problem had been fixed.
Article I establishes the legislative branch of the federal
government. The missing sections included part of Section 8 and the entirety of
Sections 9 and 10, which define the limits of congressional and state powers.
Before restoration, the text cut off just before listing
Congress’s power to supply and maintain a navy.
The temporarily missing Section 9 restricts congressional
powers, including the right of habeas corpus—a legal process allowing detainees
to challenge their detention in court. Under the Constitution, this right can
only be suspended in cases of rebellion or invasion when public safety requires
it.
Earlier this year, White House Deputy Chief of Staff Stephen
Miller told reporters the administration was considering suspension of this
clause. Around the same time, Homeland Security Secretary Kirstjen Nielsen
mistakenly suggested it granted the president the authority to deport people
from the United States.
The missing Section 10 imposes restrictions on the states,
including the prohibition on imposing tariffs without Congress’s consent.
Although posts on Threads alleged that the government had
“secretly deleted Sections 9 and 10 of Article I without Congress’s approval,”
the Library of Congress clarified it was only a technical glitch. The missing
text soon reappeared on the site.
Since website changes have no effect on U.S. law or the
Constitution itself, which can only be amended through Congress’s formal
process, users’ claims can be dismissed as false.
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