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.
3,333 Articles
A Thousand Cuts: How the Acting Attorney General Could Kill Russia Investigations Without Firing Mueller—and Only “Norms” Could Stop Him
Matt Whitaker could try to kill off Russia investigations long before American public becomes aware of what he's done. Here's how and here's what's (not) stopping him.
A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker’s Power to Influence the Russia Investigation
Attorney General Jeff Sessions resigned from his office yesterday afternoon, at President Trump’s “request.” The President promptly tweeted: “We are pleased to announce…
Don’t Be Fooled: There Was Election Interference in 2018
It’s misguided to suggest this campaign season and ultimately this election were free from election interference.
Update: The Military, the Mexican Border and Posse Comitatus
Unlike the earlier deployment of National Guard personnel, the use of federal forces raises new issues concerning what they are permitted to do.
Painful Lessons of Stripping Citizenship Can Be Found Across the Globe
The Trump administration’s quest to end “birthright” citizenship is not only unconstitutional and immoral, it defies our history and the lessons that mass citizenship-strippers…
Countering Russian Election Hacks
Explainer on the legal triggers, limits, and powers of Pentagon's new authority to prepare and conduct cyber response if Russia hacks into midterms votes.
Norms Watch: Damage to Democracy and Rule of Law in October 2018
Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
It’s Time to Put CVE to Bed
In the wake of the Tree of Life Synagogue shooting in Pittsburgh, many commentators have criticized the Trump administration’s revocation of grants meant to target far-right…
Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia
Despite the president’s signature hostility toward the press, the Trump campaign is strenuously trying to wrap itself and Wikileaks in the protective garb of the First Amendment…
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
Trump Admin Says It’s Open to Suggestions to Prevent Far-Right Violence. Here Are a Few.
Here are just a few ideas for what the Trump administration can do to address the threat from violent individuals bent on attacking minorities and those perceived as their supporters.
The Constitutional Challenge to Robert Mueller’s Appointment (Part IV): Morrison, Edmond, and the DOJ Special Counsel Regulations
[With relatively minor oral argument updates; Nov. 8] In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…