Dusting Off the Constitution's Obscure Clauses

This became the year of the obscure, unlitigated constitutional clause. The First and 14 Amendments usually hog all the glory, and each did get a few big moments over the last year. But much more important were ignored and unheralded provisions like the "advice and consent" clause, the Electoral College clauses, and most improbably, the emoluments clause, which since the election has featured prominently as one of the only defenses against conflicts of interest in the Trump White House.

None of this is an accident. We’re in a political season that will be counted as historic mostly because it broke political rules. That’s putting tremendous pressure on parts of the constitutional order that have, for the most part, operated quietly and without anyone paying too much attention.