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.

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3,181 Articles
black and white image of the sworn statement of witnesses verifying the departure statement of Wong Kim Ark

The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order

"In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."
Members of the national guard move a red ladder.

Trump’s Doubly Flawed “Invasion” Theory

The president is wrong about what an invasion is—and what powers it triggers.
Historical map featuring Greenland

More Territory, More Problems: Can Trump Seize Greenland?

An essay on the lessons for the Trump administration of territorial acquisition from the McKinley era and the dangers it would pose today.
Mayor Eric Adams speaks as he is looked at by Manhattan District Attorney Alvin Bragg

The People of New York v. Mayor Adams: Will Manhattan DA Bragg Come to the Rescue Yet Again?

District Attorney Alvin Brag could potentially fill the void in accountability by bringing charges against New York City Mayor Eric Adams.
Department of Education Building facade

Can the President Dismantle the Department of Education by Executive Order?

An Executive Order that purports to dismantle the Department of Education or any of its key functions is sure to be challenged in court but would still create disruptions and other…
Federal Bureau of Investigation (FBI) Headquarters on Pennsylvania Avenue, Washington DC, USA. Blue Sky with Puffy clouds, Street, Rickshaw, Passersby and Green Trees are in the image. Wide angle lens.

What Just Happened: Purges at the DOJ and FBI — How Do and Don’t the Civil Service Laws Apply

Expert Backgrounder on how civil service laws do or do not protect DOJ and FBI officials from retaliation.
The photo shows the silhouette of a man on a motorbike in the foreground riding past a faded yellowish concrete building in the background with a red banner across it with yellow Chinese lettering across it.

Freezing Support to Democracy and Human Rights Activists Undermines US Interests

Ending aid for democracy and human rights struggles inflicts long-term harm on American security and prosperity.
Donald Trump signs an executive order at his desk in the Oval Office

President Trump Is Ignoring the Impoundment Control Act, Welcoming a Fight in the Courts

The Impoundment Control Act makes clear that the president does not have the authority to unilaterally impound billions in federal funds.
The photo shows a row of riot police holding back a dense flank of protestors holding two red and white flags of Georgia, with a white car passing in the foreground.

Supporting Freedom and a Foreign Aid Freeze are Incompatible — But Perhaps the Point? A Case Study

The Trump administration’s action undermines bipartisan efforts to support freedom fighters and enables corrupt autocrats.
Voter Bots And Human Voters as an AI Bot voting and robots Election votes as Artificial intelligence using autonomous voter technologies disrupting elections as computer democracy as a robot vote casting ballots.

The Munich Security Conference Provides an Opportunity to Improve on the AI Elections Accord

Ahead of the Munich Security Conference, one crucial issue is at risk of falling by the wayside: protecting democracy from abuses of AI. 
US President Donald Trump (L) and Secretary of State Marco Rubio (R) in the Oval Office.

The Need for Course Correction: The Risks of Treating Drug Cartels as Terrorist Threats

While the executive order is intended to enhance national security, it raises significant concerns.
The episode title appears with sound waves behind it.

The Just Security Podcast: Repression of Lawyers in Belarus and Around the World

Nils Muiznieks, Maksim Polovinko, and Margaret Satterthwaite join the show to discuss the repression lawyers face in Belarus.
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