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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3,333 Articles

What Nixon’s Impeachment Can and Can’t Tell Us About the Impeachment of Trump

[Editor’s note: Just Security is publishing a series in conversation with Sidney Blumenthal’s “An Open Memo: Comparison of Clinton Impeachment, Nixon Impeachment and Trump…
U.S. House Minority Leader Rep. Nancy Pelosi (D-CA) listens during a news conference April 21, 2016 on Capitol Hill in Washington, DC.

The Pelosi Approach to Impeachment: Public Education, First

[Editor’s note: Just Security is publishing a series in conversation with Sidney Blumenthal’s “An Open Memo: Comparison of Clinton Impeachment, Nixon Impeachment and Trump…
A name plate for former White House Counsel Don McGahn sits on the witness table prior to a House Judiciary Committee hearing in which McGahn was subpoenaed to testify May 21, 2019 on Capitol Hill in Washington, DC.

The Three-Level Game in the White House Effort to Block McGahn’s Testimony

"It is a wonder that the attorney general is gambling on this case, to be brought on this record, to vindicate his constitutional theory."
US Senate Majority Leader Mitch McConnell gives a thumbs-up as he is applauded during the ceremonial swear-in of Brett Kavanaugh as Associate Justice of the US Supreme Court by Associate Justice Anthony Kennedy before US President Donald Trump on October 8, 2018, at the White House in Washington, DC.

Why the Fight for the Supreme Court Became So Ugly

In a new documentary, called “Supreme Revenge,” airing Tuesday night on PBS, FRONTLINE goes back decades to tell the story of how the Supreme Court confirmation process has…
U.S. President Donald Trump listens to Attorney General William Barr during the 38th Annual National Peace Officers’ Memorial Service at the west front of the Capitol May 15, 2019 in Washington, DC.

Bill Barr’s Extreme Views on War Powers Mean Congress’s Window to Stop War with Iran is Now

Attorney General Barr’s extreme past positions on unilateral presidential power could cut out any required role for Congress in authorizing or rejecting war. Here's what Congress…
New Zealand's Prime Minister Jacinda Ardern and French President Emmanuel Macron hold a press conference for the launch the global "Christchurch Call" initiative to tackle the spread of extremism online at the Elysee Palace in Paris on May 15, 2019.

Why the Christchurch Call to Remove Online Terror Content Triggers Free Speech Concerns

In deciding whether to endorse the Christchurch Call, the question for U.S. policymakers was whether the text essentially called on the U.S. or others to act inconsistently with…

The Balance Has Shifted: The Data on Impeachment Favor Moving Ahead

"Blumenthal’s piece changes the balance to favor Congress acting now. His data decimate the major impediment to holding Trump accountable – the fear that this president would…
EU Commission President Jean-Claude Juncker, Britain's Prime Minister Theresa May, Norway's Prime Minister Erna Solberg, Senegal's President Macky Sall, New Zealand's Prime Minister Jacinda Ardern and French President Emmanuel Macron attend a launching ceremony for the 'Christchurch call', an initiative pushed by Ardern after a white supremacist gunned down 51 people in a massacre at two mosques in the New Zealand city in March, at the Elysee Palace in Paris, on May 15, 2019.

Christchurch Calls and Washington Isn’t Answering

One of the more predictable diplomatic rituals since 9/11 has been that when terrorists strike a close American ally, Washington stands in solidarity with that country, offering…
Chairman Jerry Nadler speaks as US Attorney General Bill Barr fails to attend a hearing before the House Judiciary Committee on Capitol Hill in Washington, DC, on May 2, 2019.

McGahn’s Chief of Staff, Annie Donaldson May Be Congress’ Prized Witness

Don McGahn's chief of staff had a front seat at the Trump White House during the Russia investigation, and has reasons to comply with Congress' subpoena.
Tourists read newspapers with the headline, “Nixon Resigning” while standing in front of the White House.

The Nixon Impeachment—A Blueprint for Today

The Nixon blueprint includes smart devices—like appointing a Republican Chief Counsel—to conduct more effective impeachment hearings.
Side-by-side photos of Mueller and Trump.

Why Robert Mueller Is Right that the Obstruction Statutes Apply to the President

Special Counsel Robert Mueller has a better argument than Attorney General William Barr about whether obstruction statutes apply to the president. They do, and here's why.
Nixon flashes the victory hand signal as he stands outside a helicopter.

Lesson from Nixon: With Today’s Facts, Impeaching Trump Won’t Work

Impeachment of a president is a political act by Congress requiring time, facts, and bipartisan support in both the House and the Senate. The Nixon impeachment had all that. Trump's…
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