How Two Turkeys Broke the Constitution
What the Waddle and Gobble decision reveals about a country haunted by its own rituals.
America is a country that invests its symbols with a depth of meaning that often eclipses the underlying reality. The flag, the eagle, the Thanksgiving turkey. These images sit at the intersection of sentiment and power, and they frame our civic imagination in ways we rarely notice. But every so often, one of these symbols slips its leash and forces the nation to confront the fragility of the stories it tells itself.
This year, that symbol was a bird.
When the Supreme Court handed down its opinion in Waddle v. United States, many Americans responded with laughter. Of course they did. The case began in the Rose Garden, with President Trump leaning over a large, confused turkey while the press corps snapped photos. It belonged to the genre of presidential rituals that feel both vaguely archaic and harmless.
But what emerged from that ceremony was something far stranger: A constitutional question that had never been asked. A courtroom drama no one was prepared for. And an opinion whose implications stretch far beyond the feathers and applause lines of a holiday tradition.
The central question was deceptively simple:
Who counts?
The court's answer was startling in its clarity: The President may extend clemency to any subject capable of receiving federal legal consequence. A definition so broad that it quietly unsettles centuries of assumptions about personhood, governance, and the nature of executive mercy.
In a single sentence, the Court placed a ceremonial turkey at the heart of a constitutional debate.
This was no small moment. It was a mirror.
The Absurdity That Reveals Us
For the last decade, the nation has lived in a state of overlapping instability. A political culture that feels out of phase with itself. Institutions stretched thin. A public no longer sure what counts as serious and what belongs to the domain of late-night satire.
Waddle and Gobble arrived as comic relief. But the case became something else: A reminder that the line between the absurd and the authoritative has grown dangerously faint.
The pardon clause was written in a world where the boundaries of humanity seemed obvious and fixed. Today, those boundaries feel porous. We debate the rights of corporations, the status of artificial intelligence, the moral standing of animals, and the obligations owed to future generations.
Into that uncertainty stepped a turkey.
The absurdity is not incidental. It is diagnostic.
The Thanksgiving Custom Doctrine
Justice Elena Kagan, writing for the majority, offered a characteristically elegant defense of the ruling. She argued that the meaning of the Constitution is shaped not only by text but by the steady accumulation of traditions that Presidents have practiced and the public has accepted.
In her reading, the annual turkey pardon has become part of the nation's constitutional grammar: A ceremonial act repeated often enough that it has acquired a quiet legal significance through sheer persistence. A folkway that hardened into practice, and then into something like precedent.
This is the genius—and the danger—of American governance. It adapts. It absorbs. It reinterprets the real and the imagined until they become indistinguishable.
The turkey pardon was never meant to do this much work. But history rarely asks permission before assigning new meaning to old gestures.
The Dissent and the Shudder Beneath It
Justice Samuel Alito warned that the Court was confusing whimsy with doctrine. Justice Neil Gorsuch suggested that the entire affair was a constitutional hallucination. Both dissents carried a trace of something more than legal objection:
Worry.
If the Court can extend executive clemency to a bird, can it grant it to an algorithm? Can a simulation be forgiven? Can an institution be absolved? Can a fiction be pardoned?
Once the door is opened to metaphysics, the law becomes something larger and stranger than a set of rules. It becomes a philosophical arena that few judges want to enter.
Yet enter it they did.
The Unsteady Country
In elevating a ritual act into a constitutional moment, the Court drew attention to the way America is constantly renegotiating its civic identity. A country built on symbolism is vulnerable to symbolic collapse. A nation defined by narrative is destabilized when the narrative shifts too abruptly.
Waddle and Gobble do not matter because they are birds. They matter because the case forced Americans to confront a truth they have long avoided:
Our institutions are not as stable as we pretend.
Our traditions are not as harmless as we assume.
And our constitutional order is not a fixed object.
It is a moving story.
One that even a turkey can disrupt.
The Legacy We Did Not Expect
What will Waddle v. United States come to represent in the long run?
Not the spectacle of a President granting clemency to a bewildered bird.
Not the avalanche of headlines that followed.
Not the internet jokes or the late-night monologues.
Its significance lies in the way it revealed a political culture on the edge of self-parody and a judiciary grappling with the consequences of taking ritual seriously.
The turkey pardon is meant to be playful. A moment of national levity. A reminder that power can occasionally make room for mercy.
But mercy is never just ceremonial.
And the Constitution is never just text.
Some stories we tell to reassure ourselves.
Others we tell to understand ourselves.
A rare few do both.
Waddle and Gobble did not merely survive Thanksgiving.
They exposed the strange imaginative machinery of the Republic.
And in doing so, they reminded us that the Constitution is a living story. One that occasionally emerges from the mouths of Presidents, and sometimes stands nervously on a table covered in flowers, waiting for history to decide what it means.
About the Author
Bridgette Sullivan is a staff writer at The Atlantic, where she covers politics, law, and American institutions. She is the author of The Ritual State: How Ceremony Shapes Democracy.