99% Invisible Constitution Breakdown #1: Nikole Hannah-Jones
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Jul 25, 2025 
Nikole Hannah-Jones, an investigative reporter and creator of the 1619 Project, joins the hosts to discuss the significance of the U.S. Constitution's preamble. They dive into the historical exclusions embedded in 'We the People,' particularly regarding Black individuals. The conversation highlights the fragility of democracy, the impact of political erosion, and the challenges of maintaining trust in governance. They also touch on the complexities of the Posse Comitatus Act and recent military deployments in Los Angeles, reflecting on their implications for civil liberties.
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Preamble’s Limited Legal Role
- The Preamble is rarely used in court to confer rights because of a 1905 Supreme Court ruling.
- Courts find it more effective to interpret specific constitutional clauses than rely on the Preamble.
Constitution Requires Political Will
- The enforcement of constitutional rights depends more on political will than the document’s text.
- Marginalized groups face ongoing struggles to have their rights recognized and protected.
Court's Shifting Stance on Rights
- Lower courts often uphold constitutional rights, but the Supreme Court increasingly regresses on minority protections.
- This era may be remembered as one of the most regressive in U.S. judicial history.
