Democracy & Rule of Law
Just Security’s expert authors provide analysis on threats and challenges to democracy and the rule of law in the United States and globally. Coverage includes analysis of the separation of powers, good governance, democratic backsliding, authoritarianism, judicial independence, freedom of the press and association, and accountability for rule of law violations.
Highlights:
Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties
Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.
From War to Control: How the Recent Iran-Israel Conflict Risks Deepening the Islamic Republic’s Repression
The ceasefire may stop the bombs, but it will not reverse the repression that has long defined Islamic Republic’s internal trajectory.
Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
Litigation Tracker: Legal Challenges to Trump Administration Actions
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.
Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump
"Congress has been far more clear than is widely believed about what its view is..."
3,100 Articles
After the Minnesota Attacks: How Communities Can Respond to the Climate of Hostility Facing Public Officials
Left unchecked, this climate of hostility will continue to pose a significant danger to community safety and the health of America’s democracy.
Just Security’s Russia–Ukraine War Archive
A catalog of over 100 articles (many with Ukrainian translations) on the Russia Ukraine War -- law, diplomacy, policy options, and more.
The Sarkozy-Gaddafi Trial Exposes Corruption’s Devastating Effect on Libyans
Alongside its democratic commitments, France should also reckon with the human rights consequences of its Libya foreign policy and interference in the post-Sarkozy era.
The “Unwilling or Unable” Test for Sending U.S. Military to Los Angeles
"The state of California, however, has not yet raised this point in the ongoing litigation. That is a missed opportunity ...."
The Just Security Podcast: The Situation in Los Angeles and the U.S. Military
An expert discussion with audience Q&A on the events in Los Angeles, the federalization of the National Guard, and use of U.S. Marines.
June 12 YouTube Live Event: The Situation in Los Angeles and the U.S. Military
A public event including audience Q&A on pressing legal and policy issues at stake.
The Mounting Crisis of Militarizing Immigration Enforcement
When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.
Mass Deportation Policy and the Constitution: My Testimony Before the Senate Spotlight Forum
McCord's remarks for Senate panel address the administration’s mass deportation policy and constitutional rights of citizens and noncitizens.
“The Insurrection Act” by Any Other Name: Unpacking Trump’s Memorandum Authorizing Domestic Deployment of the Military
"The Memorandum ... raises many of the same concerns as an Insurrection Act invocation would, and that could end up looking quite similar in practice."
Relocating Nationwide Injunctions
Consolidating cases allows a clear, expedited path to Supreme Court review, helping quickly address matters involving executive orders.
Unequal Before the Law: How Trump’s Death Penalty Order Codifies Dangerous Speech
Tying the harshest punishment the state can impose to the identity of the accused is dangerous speech that can increase the risk of intergroup violence.
Just Security’s Artificial Intelligence Archive
Just Security's collection of articles analyzing the implications of AI for society, democracy, human rights, and warfare.