Guardians of the Constitution: The Press as the Last Line of Constitutional Responsibility

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Abstract

This paper examines the constitutional role of the free press as an institutional safeguard of democratic responsibility in moments when formal checks falter. It argues that “constitutional responsibility” extends beyond elected branches to encompass the civic, professional, and journalistic practices that sustain the rule of law between elections and cases. Using the 2025 Pentagon press policy controversy as a focal example, the study analyzes how the refusal of journalists to comply with unconstitutional constraints constituted an act of civic constitutional review. By connecting the Founders’ design of separated powers to contemporary press ethics, the paper situates the media as a living conduit of accountability that ensures the Constitution continues to function in real time. The work concludes by urging renewed recognition of the press not merely as a witness to power, but as a participant in the constitutional order itself.

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