Library of Congress blames "coding error" for missing sections of online Constitution
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A close up of the First Printing of the Final Text of the United States Constitution is on display during a press preview at Sotheby's on September 17, 2021 in New York City. Photo: Alexi Rosenfeld/Getty Images
The Library of Congress on Wednesday pointed to an unspecified "coding error" that led to key parts of the U.S. Constitution being deleted from the Constitution Annotated website.
Why it matters: The missing sections included foundational provisions, such as the right to habeas corpus — which protects people from unlawful detention — and the foreign emoluments clause.
- Those constitutional principles have risen to the forefront of political and legal debate amid the president's immigration crackdown and foreign dealings.
- As of Wednesday around 2p.m. ET, the text had been restored.
Driving the news: As highlighted by tech news site TechCrunch, an archived version of the website shows that a chunk of Article I Section 8 was cut, in addition to the entirety of Sections 9 and 10 of Article I.
- According to captures from the Wayback Machine, those sections were present as recently as mid-July.
What they're saying: "It has been brought to our attention that some sections of Article 1 are missing from the Constitution Annotated ...website," the Library of Congress said in a statement posted to social media. "We've learned that this is due to a coding error."
- A banner across the top of the site read, "The Constitution Annotated website is currently experiencing data issues. We are working to resolve this issue and regret the inconvenience."
- Links for certain provisions included in those sections, such as Section 9's text on ex post facto laws, directed to an error page that read "Page Not Found" with a portrait of George Washington. That page has since been restored.
- The Library of Congress did not immediately respond to Axios' request for further information.
Context: The text of Article I Section 8, which outlines congressional powers, trailed off after enumerating Congress' power to "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years."
- Rather than continuing to the next line, "To provide and maintain a Navy;" the section ended abruptly on a semicolon.
- The Militia Clauses, among others that follow in Section 8, were also missing early Wednesday afternoon, but have since been restored.
Zoom out: Article I Section 9, which places limits on congressional power, and Section 10, which covers powers denied to the states, had also vanished before appearing again on the site.
- One critical clause of Section 9 addresses habeas corpus, reading, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
- Stephen Miller, the president's top policy adviser, said in May that the White House was exploring the option of suspending habeas corpus amid its fight against judges curtailing its deportation push.
- Homeland Security Secretary Kristi Noem botched questions about the legal principle at a Senate hearing in May, falsely asserting habeas corpus gives the president a "constitutional right" to conduct deportations.
Go deeper: HIV, transgender care, climate change and other federal websites go dark
Editor's note: This story has been updated with the latest development.
