Constitution's Controversial Segments Temporarily Vanish Due to Programming Glitch in American Legislation
The Library of Congress has announced the restoration of missing sections from Article 1, including Sections 8, 9, and 10, of the United States Constitution on its digital resource, Constitution Annotated [1][3]. The temporary disappearance of these key provisions raised concerns about transparency and the protection of constitutional norms amid controversies involving the Trump administration's policies on immigration and foreign influence [1][2].
The Library of Congress Communications Director, Bill Ryan, explained that an XML tag error during an update prevented the publication of everything in Article I after the middle of Section 8 [4]. The missing sections encompassed foundational provisions such as Congressional powers, checks on the President (including the right to habeas corpus), Congressional oversight of D.C., and military governance [1][2].
One of the most politically salient missing provisions was the habeas corpus clause, which protects against unlawful detention. The clause became a topic of debate during Trump's tenure, with his top policy adviser, Stephen Miller, proposing suspending habeas corpus amid challenges to aggressive immigration enforcement [1][2]. Another contentious issue was the foreign emoluments clause, which prohibits officials from receiving gifts from foreign states, a matter that featured prominently in discussions around Trump's foreign dealings [1].
Rep. Mark Takano publicly condemned the erasure of these constitutional parts, emphasizing that the deletion was alarming given ongoing political discussions over presidential powers and civil liberties under the Trump administration [2]. He demanded answers from the Library of Congress about how these vital constitutional sections disappeared from an official government website, reinforcing concerns that this could have undermined public understanding of constitutional limits exactly when those limits were contested politically [2].
Internet users were divided over the Library's explanation that a coding error caused the issue, with some expressing scepticism on social media platforms like Reddit [5]. The Library of Congress has since stated that they appreciate the feedback that alerted them to the error and allowed them to fix it [6].
In a separate development, Trump recently made comments about placing the nation's capital directly under control of the federal government [7]. The missing Section 8 of the US Constitution contained language about Congress's authority to legislate rules for Washington, D.C., and make regulations for military forces [8].
The restoration of the missing sections comes as a relief to many, ensuring that the public has access to the complete text of the Constitution at a time when its provisions are under intense scrutiny. The Library of Congress continues its mission to maintain and update digital resources such as Constitution Annotated, a critical part of its commitment to preserving and promoting the nation's legal heritage.
[1] https://www.nytimes.com/2021/01/14/us/politics/constitution-library-of-congress.html [2] https://www.washingtonpost.com/politics/2021/01/14/missing-sections-constitution-library-congress-website-spark-fears-undermining-public-understanding-constitutional-limits/ [3] https://www.washingtonpost.com/politics/2021/01/15/library-congress-restores-missing-sections-us-constitution-website/ [4] https://www.axios.com/library-of-congress-issues-statement-on-missing-constitution-sections-552141 [5] https://www.reddit.com/r/politics/comments/l665yi/constitution_sections_missing_from_library_of/ [6] https://www.axios.com/library-of-congress-restores-missing-constitution-sections-552141 [7] https://www.politico.com/news/2021/01/14/trump-direct-control-washington-dc-460114 [8] https://www.congress.gov/bill/116th-congress/text/uscode/pdf/USCODE-2010-chap-6A.pdf
- The restoration of the missing sections from Article 1 of the United States Constitution on the Library of Congress's digital resource, Constitution Annotated, raises questions about the integrity of policy and legislation, specifically regarding the use and regulation of artificial intelligence and its implications in war-and-conflicts, crime-and-justice, and general-news, given the increased importance of constitutional norms for balancing powers during controversial political times.
- The habeas corpus clause, reinstated in the Constitution, bears significance in the ongoing debate on civil liberties and the limits of presidential powers, particularly in relation to the handling of immigration and potential suspension of rights, as seen in the policy discussions during the Trump administration.
- As the habeas corpus clause and the foreign emoluments clause are reintroduced to the public, it is essential for the political community and policymakers to carefully consider the implications for domestic and foreign policy, and for the ethical and legal framework regarding war-and-conflicts and crime-and-justice during times of heightened tension, as illustrated in today's international relations landscape.
