Constitutional Insights

Analysis and practical guides on constitutional.

5 articles, checklists, and guides on constitutional law, written by the attorneys at MC Law. Every piece is general information, not legal advice — for a specific matter, contact the firm.

ConstitutionalGovernment Transparency

Public Records Request and Appeal Checklist: A Practical Checklist

This checklist runs a public records request from drafting through appeal and, if necessary, litigation. It covers identifying the right statute and the right office, drafting a request that names records rather than asking questions, the preservation demand that must accompany any request for perishable material, fee waiver and expedited processing, and the tracking that makes an appeal possible. It then works the response review that identifies the defects most denials contain, the appeal that produces most of the records that get released, and the litigation posture. A final section covers open meetings compliance and complaints.

Casey Scott McKayJuly 25, 20267 min read

ConstitutionalGovernment Transparency

Government Transparency Toolkit: Records Requests, Open Meetings, and Litigation

This toolkit assembles the documents used on both sides of government transparency law. For requesters it supplies a request template with the clauses that prevent the most common denials, a preservation demand, fee waiver and expedited processing language, a tracking log, a response review matrix, an administrative appeal template with exemption specific rebuttal language, and a litigation complaint outline. For agencies it supplies an open meetings compliance checklist, an executive session announcement script, agenda drafting guidance, a serial meeting policy, a submitter notice process, and a records retention framework.

Casey Scott McKayJune 6, 202616 min read

ConstitutionalGovernment Transparency

Requesting Public Records and Challenging a Denial: A Practical Guide

This guide is a working manual for getting records out of a government agency. It explains how to find the right agency and the right custodian, how to describe records so the request cannot be denied as unreasonable, how to request fee waivers and expedited processing, and how to negotiate scope when the estimate comes back high. It then covers what to do when the response is inadequate: identifying the defects that most often appear in denials, writing an administrative appeal that gets records released, and litigating when it does not. A final section covers open meetings complaints and the remedies available for a violation.

Casey Scott McKayNovember 17, 202427 min read

ConstitutionalElection Law

Citizens United v. FEC and the Future of Federal Campaign Finance Reform

Citizens United v. FEC, 558 U.S. 310 (2010), held that the government may not ban independent political spending by corporations and unions, treating such expenditures as protected First Amendment speech. This article tells the story of how a documentary about Hillary Clinton became the most consequential campaign-finance decision in a generation, and traces the doctrine from Buckley v. Valeo through McConnell, Austin, SpeechNow, and McCutcheon. It explains, in plain language, the difference between contributions and expenditures, how Super PACs were born, and why "dark money" flows through 501(c)(4) nonprofits. It lays out the competing arguments of the Kennedy majority and the Stevens dissent without taking sides, then surveys the reform proposals that followed: the DISCLOSE Act, a constitutional amendment, public financing, and tighter coordination rules. The goal is a balanced, nonpartisan map of where federal campaign finance law stands and where it might go.

Casey Scott McKayJuly 15, 202456 min read

ConstitutionalGovernment Transparency

Public Records and Open Meetings Laws: How Government Transparency Actually Works

Every state and the federal government maintain laws requiring that records be disclosed and that meetings be held in public, and almost nobody uses them well. This article explains how these laws actually operate: what counts as a record, who must produce it, the exemptions that do most of the work and how narrowly courts construe them, the procedural requirements that determine whether a request succeeds, and the litigation that follows a denial. It covers the federal Freedom of Information Act and its nine exemptions, the state public records acts that are frequently broader, open meetings requirements including notice, quorum, and executive session, and the practical craft of writing a request that produces documents rather than a denial.

Casey Scott McKayMarch 8, 202428 min read