Disappearance of a Vital Constitutional Clause from Library of Congress Website Sparks Controversy

A mysterious technical glitch on the Library of Congress website has revealed the removal of a vital part of the US Constitution: the clause related to the right of habeas corpus. This provision, which guarantees individuals the right to challenge the legality of their detention before a court, is considered a cornerstone of civil liberties and one of the least favored clauses by Donald Trump's administration.

Understanding the Right of Habeas Corpus

Habeas corpus, meaning "produce the body" in Latin, is a legal procedure that allows prisoners to demand that government authorities justify the reason for their detention before a judge. According to US federal courts, this order compels authorities to bring the prisoner before the court to determine if their continued imprisonment is lawful.

Officials in the Trump administration have long expressed interest in suspending this right. Stephen Miller, who served as a senior advisor in the White House, publicly stated the possibility of suspending habeas corpus to support the President's efforts to arrest and deport immigrants, noting that it was "an option we are actively studying" in times of "invasion." Secretary of Homeland Security, Kristi Noem, also showed a clear misunderstanding of this constitutional right, claiming it was "a constitutional right for the president where he can remove people from this country," which fundamentally contradicts the primary purpose of habeas corpus. When Trump was asked about due process and whether he was obligated as president to respect the Constitution, he simply replied, "I don't know."

Details of the Disappearance and Reactions

Over the past few weeks, Section 9 of Article 1 of the Constitution, which clearly states: "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," disappeared from the page dedicated to the Annotated Constitution on the Library of Congress website. The Annotated Constitution is a compilation of legal documents that analyze and interpret the provisions of the US Constitution based on Supreme Court decisions, making it a fundamental reference for lawyers and researchers.

Historically, this right has been suspended in rare and critical times in American history. The most prominent example was during the Civil War when President Abraham Lincoln suspended habeas corpus to confront rebellion. According to the National Constitution Center, the Constitution limits this suspension to cases of rebellion or invasion that threaten public safety.

Initially, government officials in the Trump administration secretly told staff that this deletion was a result of a "technical glitch." Subsequently, staff quickly worked to correct the issue, understand exactly how it occurred, and review other parts of the site to ensure no other deletions existed.

However, some federal employees doubted the "glitch" explanation, given the suspicious nature of the deletion, which specifically targeted sections that a potential second Trump administration openly seeks to undermine. One federal employee familiar with the situation sarcastically commented to Rolling Stone: "What a coincidence."

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For its part, the Library of Congress posted on X (formerly Twitter) this morning that the deletion was due to a "programming error." The Library wrote: "It has come to our attention that some sections of Article 1 are missing from the Annotated Constitution website. We have learned this is due to a programming error. We are working to correct this and expect it to be resolved soon." The site also added a notice stating: "The Annotated Constitution website is currently experiencing data issues. We are working to resolve this problem and apologize for the inconvenience."

By the afternoon, the deleted sections of the Constitution had been restored to the page. The Library of Congress told Rolling Stone via email: "Due to a technical error, some sections of Article 1 were temporarily missing from the Annotated Constitution website. This issue has been corrected, and the missing sections have been restored."

Implications and Potential Effects

It should be noted that merely deleting sections of the US Constitution on a webpage – for an institution that is not the official guardian of the Constitution – does not change American law. But regardless of what the document says or doesn't say, the former president and his senior aides have made their intention to violate the Constitution to the greatest extent possible clear.

These modifications to the Constitution website come as Trump attempts to extend his influence over the Library of Congress, despite the agency being part of the legislative branch. The Library serves as a research arm for Congress, while also maintaining the world's largest collection of books, manuscripts, maps, photos, and recordings.

Last May, Trump announced his intention to remove Carla Hayden, the Librarian of Congress, before the end of her 10-year term and sought to replace her with his former personal lawyer Todd Blanche. After a judge refused to block Hayden's termination, she filed an appeal last week with the U.S. Court of Appeals for the District of Columbia Circuit.