A lesser-known principle, the "equal sovereignty" doctrine, posits that Congress cannot treat states unequally without compelling reason. While used to strike down parts of the Voting Rights Act, states could invoke it to argue they are being unfairly punished or targeted by a hostile federal administration.

The Supreme Court's interpretation of the 10th Amendment is so strong that states cannot even voluntarily agree to be "commandeered" by the federal government to enforce federal programs. The principle of federalism is a structural rule that individual states cannot waive.

Congress can alter the number of Supreme Court justices and even limit the types of cases the court can hear—a power known as "jurisdiction stripping"—through simple legislation. Despite this authority, a deep-seated political norm has prevented Congress from exercising it aggressively, leaving its full constitutional extent untested.

Contrary to popular belief, Article 3 of the Constitution provides a sparse blueprint for the federal judiciary. It establishes "one Supreme Court" but delegates the creation of lower courts and even the Supreme Court's size to congressional legislation, making the judiciary's structure far more flexible than assumed.

The Constitution lacks an "immigration clause." The Supreme Court established this authority as an "inherent power" derived from national sovereignty, not specific text. This plenary power, created by judicial interpretation, is assigned to Congress.

The state where a couple divorces is determined by where they lived for the six months before filing, not where the marriage took place. This allows for "forum shopping" for favorable state laws. However, a prenuptial agreement can specify a "choice of venue" to pre-determine which state's law will apply.

Representative Sharice Davids points out a common public misconception fueled by presidential rhetoric. Presidents often say "I passed this law," but their constitutional role is limited to signing or vetoing bills. The actual, complex work of drafting, negotiating, and passing legislation is the exclusive domain of Congress, a fact often obscured in political messaging.

Congress uses its spending power to enact policies in areas where it lacks direct authority, like education or local transport. By offering "conditional spending," it creates powerful incentives for states to comply with federal standards to receive necessary funds.

The legislative process is notoriously slow, but this is an intentional feature. The Constitution's structure creates a deliberative, messy process to ensure that laws with nationwide impact are not passed hastily. This "inefficiency" functions as a crucial check on power, forcing negotiation and preventing rapid, potentially harmful policy shifts.