[ExI] A test of the US constitution

[Adrian Tymes]

On Sat, Sep 19, 2026 at 1:48 PM Ben Zaiboc via extropy-chat
<extropy-chat at lists.extropy.org> wrote:
> On 19/09/2026 16:57, Adrian Tymes wrote:
> > On Sat, Sep 19, 2026 at 4:09 AM Ben Zaiboc via extropy-chat
> > <extropy-chat at lists.extropy.org> wrote:
> >> If this press ban in the white house is struck down quickly by the courts, the constitution wins. If not, and by whatever means (including delaying tactics), the ban takes effect, even temporarily, we have clear evidence that the constitution is losing against Trump.
>
> > By that measure, since there have already been delaying tactics and
> > the ban has taken effect at least temporarily, should we not conclude
> > the latter even before the Supreme Court formally rules on this
> > matter?
>
>
> Yes.
>
> If the ban has come into effect, then the constitution is not being upheld. Doesn't matter if it's temporary (which is a vague term, it could mean a single day, or months or even longer), a lot of undocumented, or at least unpublished damage could be done during the temporary period.

It has.  See https://www.npr.org/2026/09/19/nx-s1-5974854/trump-cnn-msnow-politico-ban
among many other sources.

> If the eventual outcome is that the ban is legal (i.e. declared to be not unconstitutional), then technically, the constitution has not been thwarted, but in practice, the intent of it has. If the eventual outome is that the ban is illegal, then there has been a gap during which unconstitutional things have happened.
>
> Either outcome shows that the constitution is inadequate for curbing presidential overreach, certainly with respect to censoring the media's reporting on what is going on in the white house, just because the president doesn't like what they are saying, either for a temporarily period or indefinitely.

So what's the solution?