Recent Articles
When the President Does It …
Lessons from Nixon's forgotten essay in defense of his infamous remark.
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.
Early Edition: August 21, 2026
Sign up to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the last 24 hours. Here’s today’s news: IRAN WAR Vice…
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.
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.
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.
Early Edition: August 20, 2026
Sign up to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the last 24 hours. Here’s today’s news: IRAN WAR President…
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.
Early Edition: August 19, 2026
Sign up to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the last 24 hours. Here’s today’s news: IRAN WAR President…
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.
The Trump Administration’s Use of State Power Against Media: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This interactive graphic offers one method.
Amid the Open-Source AI Debate, America Needs a New Theory of Technological Power
As the U.S. and China compete on AI, concepts such as export controls can no longer determine who leads in that or across a range of other emerging technology.