War powers, detention and surveillance expand after the 2001 attacks and are tested in court. Later decisions address gun rights, campaign spending, voting rules and marriage.
The constitutional questions this era’s decisions and laws turned on.
Every case, amendment and event in Constilumen dated 2001 to 2015.
2001
A week after the September 11 attacks, Congress authorizes force against those who planned, committed or aided them. It remains in effect and has been cited for operations in many countries.
Source: Congress.gov
2001
Expands federal surveillance and investigative powers, including Section 215, which allowed orders for “any tangible things” relevant to a terrorism investigation.
Source: Congress.gov
2002
The military begins holding people captured in the conflict with al-Qaeda at the naval base in Cuba, outside the ordinary jurisdiction of federal courts.
2003
No. The law violated liberty protected by the Due Process Clause.
Source: Opinion of the Court
2006
No. The commissions were not authorized by Congress and violated the Uniform Code of Military Justice and the Geneva Conventions.
Source: Opinion of the Court
2008
Yes. The Suspension Clause applies there, and the substitute review Congress provided was inadequate.
Source: Opinion of the Court
2008
Yes. The amendment protects an individual right to possess a firearm for lawful purposes such as self-defense in the home.
Source: Opinion of the Court
2010
No. Such spending is protected political speech; disclosure requirements were upheld.
Source: Opinion of the Court
2012
Yes, as a tax, though not under the commerce power; the Medicaid expansion could not be forced on states by withholding existing funds.
Source: Opinion of the Court
2013
No. The coverage formula in Section 4(b), based on decades-old data, was unconstitutional.
Source: Opinion of the Court
2013
Published leaks of classified documents reveal that the National Security Agency was collecting Americans’ telephone call records in bulk under Section 215.
2015
Yes. The right to marry is fundamental under the Due Process and Equal Protection Clauses.
Source: Opinion of the Court
2015
Ends the government’s bulk collection of telephone records; records stay with phone companies and are obtained case by case under court orders.
Source: Congress.gov
Tracked terms printed most often in 2001–2015 compared with their own average across 1789–2022. A value of 2× means the word appeared twice as often as usual.
Totals for each full presidency, including years outside the era. Counts before 1945 include unnumbered orders.
| President | Took office | Orders | Per year |
|---|---|---|---|
| George W. Bush | 2001 | 291 | 36 |
| Barack Obama | 2009 | 276 | 35 |
Source: The American Presidency Project. All presidencies