Politically hot parts of US Constitution briefly deleted thanks to 'coding error'
- Reference: 1754583615
- News link: https://www.theregister.co.uk/2025/08/07/feds_says_coding_error_deleted/
- Source link:
The internet has been abuzz in recent days over the [1]disappearance of parts of Article 1, [2]Section 8 of the Constitution, as well as the entirety of Article 1, Sections [3]9 and [4]10 , from the Library of Congress website that tracks the history of the United States' charter document and highest set of laws.
Multiple [5]threads on Reddit, and a number of posts on other social media platforms have cropped up discussing the removal of the sections, but the Library of Congress had a simple explanation for the matter: It was just a coding error.
[6]
"It has been brought to our attention that some sections of Article 1 are missing from the Constitution Annotated website. We've learned that this is due to a coding error," the Library [7]said on BlueSky yesterday. "We have been working to correct this and expect it to be resolved soon."
[8]
[9]
The Library [10]updated its post several hours later to report the missing sections had been restored.
"Upkeep of Constitution Annotated and other digital resources is a critical part of the Library's mission, and we appreciate the feedback that alerted us to the error and allowed us to fix it," the Library said in its post.
Missing sections politically relevant
It would be a simple matter to take the Library's word when it said a coding error caused the issue, but some internet denizens [11]weren't willing to accept that excuse, as all three missing bits related to one Trump controversy or another.
First there's Section 8, which covers powers granted to the legislative branch. Section 8, as illustrated in the link at the beginning of this story, was missing sections on Congress's authority to legislate rules for Washington, D.C., as well as language giving Congress authority to make regulations for military forces. Trump has recently made [12]comments about placing the nation's capital directly under control of the federal government.
[13]Trump calls for Intel CEO's head over alleged China links
[14]Trump tariffs ruled illegal within minutes of Musk announcing end of government role
[15]Ex-CISA chief slams MAGA 'manufactured outrage' after sudden West Point firing
[16]Trump teases 'approximately' 100 percent tariff for imported semiconductors
Section 9, which defines what Congress can't do, is where the real controversy begins. That's the section of the Constitution that covers the writ of habeas corpus, which requires the government to show cause for detaining someone. Critics have accused the Trump administration of routinely violating that fundamental rule of the US judicial system on multiple occasions related to the President's [17]illegal immigrant deportation spree . The administration has even suggested [18]suspending it to make the deportation process simpler. Section 9 critically notes that the government can't suspend habeas corpus except during rebellion or invasion, the latter of which the Trump administration has tried to use as justification for its suspension.
Section 9 is also where the emoluments clause lives. That's the portion of the Constitution that bans anyone holding office from accepting foreign titles, favors, or expensive gifts - [19]like luxury jets - to prevent a conflict of interest. Emoluments have been a [20]constant contentious issue for Trump.
[21]
Section 10 defines powers denied to states, like making foreign treaties or levying import duties. While Trump hasn't threatened anything to do with this section, he has made several moves (trying to [22]ban state AI regulation and [23]restricting broadband funding for actions Trump doesn't like, for example) that many see as [24]hostile to states' rights - a favorite cause of the American right that supports Trump.
We asked the White House about the political implications of the coding error, but it declined to say anything about the issue. The Library of Congress, on the other hand, gave us more insight into the incident: Someone fat-fingered an XML tag.
"When updating the site to reflect our constitutional scholars’ analysis of the impact of the latest cases on Article I, Sections 8-10, the team inadvertently removed an XML tag," LoC communications director Bill Ryan told us in an email. "This prevented publication of everything in Article I after the middle of Section 8. The problem has been corrected, and our updated constitutional analysis is now available. We are taking steps to prevent a recurrence in the future." ®
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[1] https://web.archive.org/web/diff/20250601021212/20250806023110/https://constitution.congress.gov/constitution/
[2] https://constitution.congress.gov/browse/article-1/section-8/
[3] https://constitution.congress.gov/browse/article-1/section-9/
[4] https://constitution.congress.gov/browse/article-1/section-10/
[5] https://www.reddit.com/r/law/comments/1mj3ttx/constitution_of_the_united_states_website_has/
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2aJUh9AjFu5hWFzbG10kFyAAAAAw&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[7] https://bsky.app/profile/librarycongress.bsky.social/post/3lvqilhwb6k2x
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aJUh9AjFu5hWFzbG10kFyAAAAAw&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aJUh9AjFu5hWFzbG10kFyAAAAAw&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[10] https://bsky.app/profile/librarycongress.bsky.social/post/3lvqwltxvi22m
[11] https://www.reddit.com/r/politics/comments/1mjesk9/constitution_website_missing_sections_due_to/
[12] https://www.washingtonpost.com/dc-md-va/2025/08/06/trump-dc-federalize-edward-coristine/
[13] https://www.theregister.com/2025/08/07/republican_senator_queries_intel_over/
[14] https://www.theregister.com/2025/05/29/trump_tariffs_trumped/
[15] https://www.theregister.com/2025/07/31/jen_easterly_west_point_termination/
[16] https://www.theregister.com/2025/08/07/us_semiconductor_tariffs_100_percent/
[17] https://www.theregister.com/2025/04/21/ice_enlists_palantir_to_develop/
[18] https://www.npr.org/2025/05/23/nx-s1-5406448/can-trump-suspend-habeas-corpus
[19] https://www.theregister.com/2025/05/13/presidents_trump_747_qatar/
[20] https://www.citizensforethics.org/reports-investigations/crew-reports/the-intensifying-threat-of-donald-trumps-emoluments/
[21] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aJUh9AjFu5hWFzbG10kFyAAAAAw&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[22] https://www.theregister.com/2025/05/20/trump_bill_regulation_free_ai/
[23] https://www.theregister.com/2025/08/06/us_states_affordable_broadband/
[24] https://www.yahoo.com/news/trump-takes-aim-states-rights-132833914.html?guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAALA2AuL2Oq3J8LdVMn7v4q946r5gbwoVrSVee0n2gOnuSI87-uT3h-seS1uLrX5Vz45paZ28aYGm9mO6NIipQD_G8Sm1l40KahgTzUA_00mKgn5b1ldOS4ggiOMAgOAkgt0ffDJlmIbn34FNyAAcJGIAty2-ofP2xsUXwYg_x-C4
[25] https://whitepapers.theregister.com/
Re: there's a lot to be said for plain text
Alas, if the Constitution had been written in plain text we would not be in the situation of requiring 9 oracles to interpret it for us mere mortals.
Re: there's a lot to be said for plain text
Alas, no it was not. Have you tried reading their handwriting?
Re: there's a lot to be said for plain text
Plain text? It's a rather hard-to-read cursive.
Pity they didn't have Comic Sans back then.
Random chance
> all three missing bits related to one Trump controversy or another
What is the chance that if some code randomly deletes a few bits of the US constitution, they will *not* be related to Trump controversies? I would say pretty slim at this point…
Re: Random chance
And what is Big Balls up to lately?
Re: Random chance
Apparently getting beat down by carjackers in DC.
Amendments renumbered with 13, 14 & 15 missing ?
Actually I would be more worried about this loony tunes opera adding rather sinister amendments to the constitution.
Re: Amendments renumbered with 13, 14 & 15 missing ?
The Supreme Court is doing the same work nicely, no need for new amendments...
I'm sure the DOGE children were responsible for the "mistake."
XML is sooo passé...
sequence error.
This is why canary testing is important; you don't want this stuff getting out before the new Reichstag Fire.
But
the supreme court looks like making the constitution purely optional anyway....
Birthright amendment etc etc
I'm shocked I tell you
How fortunate 2A wasn't part of the "error"
Coding error?
Sure Jan. Sure.
Someone really should FOIA the error. Exactly what was the error, etc.
You're complaining about a document being misrepresented and you have 'tharter' in there? ;p
Silver lining
At least this helps bring attention to some Supreme Court's activities of the past year that related to those Sections, for some reason. In some cases the SCOTUS decided in accordance with a sane appreciation of common reality, and in others it acted like a stacked deck of activist judges engaged in a demented witch hunt on sanity, imho.
For example, it got it right in Idaho v. United States and Moyle v. United States ( [1]Intro.9.2.18 ): Does an Idaho Law Limiting Abortions Conflict with a Federal Law Requiring Emergency Medical Care? Answer: yes (Per curiam)
But it was rather wrong in Trump v. Anderson ( [2]Intro.9.2.6 ): Did the Colorado Supreme Court Err in Excluding Former President Trump from the Presidential Ballot? Where it chose Per Curiam where in fact Colorado was right to do this. I mean, felons (including insurrectionists) lose their right to vote in most States, so why should they be allowed to run for President?
And it clearly acted as a ketamine polydrug addict on a bad trip in Trump v. United States ( [3]Intro.9.2.12 ): Does Former President Trump Enjoy Presidential Immunity from Criminal Prosecution for Conduct Alleged to Involve Official Acts During his Tenure in Office? Here, the off-kilter partisan loyalists essentially argued it was just fine that Trump " attempted to leverage the Justice Department’s power and authority to convince certain States to replace their legitimate electors with Trump’s fraudulent slates of electors "!!! And yes, this insanity is now appropriately documented ...
Not sure which case is about Habeas Corpus though, maybe that of [4]Yonas Fikre (v. FBI) that started quite [5]some time ago?
[1] https://constitution.congress.gov/browse/essay/intro.9-2-18/ALDE_00013905/
[2] https://constitution.congress.gov/browse/essay/intro.9-2-6/ALDE_00000048/
[3] https://constitution.congress.gov/browse/essay/intro.9-2-12/ALDE_00013898/
[4] https://constitution.congress.gov/browse/essay/intro.9-2-5/ALDE_00000082/
[5] https://www.theguardian.com/us-news/2015/mar/16/portland-man-tortured-uae-behest-of-fbi
Re: Silver lining
Looking back the problem wasn't with the courts. Biden should have ACTUALLY done what Trump falsely accused him of doing and put his finger on the scale and appointed a DOJ head with the specific goal of prosecuting Trump for Jan. 6 as his first task. Had he done so that case would have gone to trial in early 2022 well in advance of the primaries and he'd probably have run out of appeals and be behind bars well before the 2024 election.
All things considered
Given the staggering number of incidents with this administration, it's entirely possible this was any of incompetence, incontinence, or outright malice and a calculated statement.
By this point in time, I see a huge negative benefit to giving this administration any benefit of the doubt on any point at all.
there's a lot to be said for plain text
(in which that document was originally written, I think.)