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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3,165 Articles
Taliban security personnel keep watch after the Eid al-Adha prayers at a checkpoint in Kabul on June 7, 2025. (Photo by WAKIL KOHSAR/AFP via Getty Images)

The Taliban’s Slow Dismantling of Afghan Media

The slow death of Afghan media is a tragedy not just for the many brave Afghan journalists, but for the country as a whole.
Demonstrators hold up “Birthright Citizenship” sign outside the US Supreme Court in Washington, DC, on June 27, 2025. (Photo by ALEX WROBLEWSKI/AFP via Getty Images)

Hanging “Like a Guillotine”: Trump v. CASA and the Risk of Statelessness

For the first time in modern history, children born on American soil may be rendered stateless. The risk to non-citizen children is real and urgent.
A color drawing of Daniel Webster arguing before the Supreme Court.

Will to Resist: What Dartmouth Teaches Harvard About Protecting American Freedom

"One of the most consequential Supreme Court decisions arose from the courageous resolve of the Dartmouth College trustees to resist the unlawful encroachments..."
ARLINGTON, VIRGINIA - JUNE 26: Chairman of the Joint Chiefs of Staff Air Force Gen. Dan Caine turns to watch a video of a bombing test of the GBU-57A/B Massive Ordnance Penetrator (MOP) used in the attack on the Iranian Fordow Fuel Enrichment Plant during a news conference with U.S. Defense Secretary Pete Hegseth at the Pentagon on June 26, 2025 in Arlington, Virginia. The Department of Defense top officials gave an update after three Iranian nuclear facilities were struck by the U.S. military last weekend and Iran countered by launching missiles at Al Udeid Air Base in Doha, Qatar. (Photo by Andrew Harnik/Getty Images)

The U.S. Attack on Iran Was Unconstitutional

Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.
A photo taken on April 25, 2024 shows a television transmission of Hungarian Prime Minister Viktor Orban

Autocracy, Corruption, and Decline: Why Hungary and Orbanism Must Never be a Model for the U.S.

Adopting Orban's model would reshape the U.S. into a country that shares Hungary's weakened checks and balances, corruption, and stumbling economy.
Scales of justice and judge's gavel on wooden table against American flag

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.
People walk by a photo of commanders killed by Israel

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.
Soldiers from the 143rd Military Police Company, 49th Military Police Brigade, California National Guard, serving under Title 10 status, establish a security perimeter in Mecca, Calif., June 18, 2025. U.S. Northern Command is supporting federal agencies by providing military forces to protect federal functions, personnel, and property in the greater Los Angeles area. On June 7, the Secretary of Defense directed USNORTHCOM to establish Task Force 51 to oversee Title 10 forces supporting this mission. (U.S. Army photo by Sgt. Chase Murray)

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"
Screenshot from Newsom v. Trump hearing in 9th District Court of Appeals (via YouTube)

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..."
A man pays respects at a makeshift memorial for DFL State Rep. Melissa Hortman and her husband Mark Hortman at the Minnesota State Capitol building on June 16, 2025 in St. Paul, Minnesota. Law enforcement agencies captured a suspect in the killing of DFL State Rep. Melissa Hortman and her husband, Mark Hortman, who were shot at their home on June 14th. DFL State Sen. John Hoffman and his wife were also shot and hospitalized in a separate incident. Minnesota Gov. Tim Walz said during a press conference that the shooting "appears to be a politically motivated assassination." (Photo by Steven Garcia/Getty Images)

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.
Former French president Nicolas Sarkozy leaves after a hearing in his trial on charges of illegal campaign financing from Libya for his successful 2007 presidential bid, at the Tribunal de Paris courthouse in Paris, on March 27, 2025. French prosecutors requested on March 27, 2025, a seven-year prison sentence for former president Nicolas Sarkozy in his trial on charges of accepting illegal campaign financing in an alleged pact with the late Libyan dictator. (Photo by ALAIN JOCARD/AFP via Getty Images)

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.
Mounted police officers during the No Kings Day protests on June 14, 2025 in Los Angeles, California. Marches and protests are taking place across the nation in opposition to Trump and recent ICE raids targeting immigrants. (Photo by Cristopher Rogel Blanquet/Getty Images)

The “Unwilling or Unable” Test for Sending U.S. Military to American Streets

"The state of California, however, has not yet raised this point in the ongoing litigation. That is a missed opportunity ...."
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