Democracy & Rule of Law

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1,167 Articles
A woman fills out paperwork at a driver's license office counter, with a 'Fill Out Application' sign in the foreground and other visitors standing at counters in the background.

States Can Fight Federal Overreach by Protecting State Data

States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.
General Dan Caine, Chairman of the Joint Chiefs of Staff speaks at the National Defense University's graduation ceremony on June 11, 2026.

“Can We Do This?”: The Role of Military Leaders and Their Legal Advice

On the role of U.S. military leaders in addressing legal constraints and strategic questions.

When the President Does It …

Lessons from Nixon's forgotten essay in defense of his infamous remark.
A man's hand holds up the cover page of lawsuit naming Gavin Newsom as plaintiff and Donald Trump as defendant, with the bear emblem from the California state flag visible in the background.

Commandeering, Coercion, and Executive Power

States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.
This photograph shows "the International Criminal Court (ICC)" in the background with its logo on a sign in the foreground in The Hague.

New International Criminal Court Sanctions and the Threat to U.S. Democracy

The U.S. sanctions against International Criminal Court judges and officials are a threat to constitutional rights in the United States.
A low-angle view of the U.S. Capitol dome against a clear blue sky, with an American flag flying in the foreground.

Introduction to “Fight Back: How States Can Counter Authoritarianism” Series

State and local governments have constitutional and legal powers that can be harnessed to challenge repressive federal actions and to advance meaningful freedom and equality.
ICC President Judge Tomoko Akanae, wearing a blue judicial robe with white formal bib, walks from the right of the frame to the left, toward a blue and white flag of the International Criminal Court in the Hague. The backdrop is a plain taupe-colored wall.

The Road to Dismantling the ICC Runs Through Tokyo

The ICC's ability to function will depend significantly on Japan's response to the U.S. sanctions against the Court's Japanese president.
Overhead exterior shot of the U.S. Treasury building in Washington, D.C.

The U.S. Government Must Preserve the Soft Power of Its Sanctions

To maintain sanctions' effectiveness as a tool, governments should strive to implement them with clarity, consistency, and credibility.
A smart-phone screen displaying the logo of main social media platforms including Instagram, Facebook, LinkedIn, Reddit, Telegram, X, Bluesky, Tiktok and Whatsapp.

The Government’s Unexplained Reversal on Social Media Disclosure Requirements

Social media disclosure requirements implicate fundamental First Amendment rights, and the public has a right to know why they were implemented.
A flag fluttering outside the International Criminal Court (ICC) in The Hague.

The Court That Removed Its Own Prosecutor

After the vote to remove Karim Khan, it is urgent that the ICC appoint a new Chief Prosecutor whose ethical compass is beyond reproach.
a smartphone displays the Kimi K3 logo in front of a screen showing an enlarged Moonshot AI symbol.

Test, Standardize, Restrict: A U.S. Policy for Chinese AI Models

Neither banning Chinese advanced AI models nor ignoring their risks to national security will serve American interests.
A close-up of U.S. Attorney General Todd Blanche standing at a podium and holding a microphone at a press conference on August 12, 2026.

Four Things State and Local Prosecutors Can Do to Combat Federal Corruption

State attorneys general and local district attorneys can take action to uphold the rule of law in the face of unlawful federal actions.
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