Constitution
671 Articles

The New “National Defense Area” at the Southern Border: What You Need to Know
NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.

No, the President Cannot Enforce the Law-Firm Deals
"First, are these agreements legally enforceable? Second, if not, what principled reasons do the firms have for keeping their part of these bargains?"

Justice Department Fails to Address Central Point in VOA Case
A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.

Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.

Just Security’s Artificial Intelligence Archive
Just Security's collection of articles analyzing the implications of AI for society, democracy, human rights, and warfare.

Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs
Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.

What Just Happened: The Trump Administration Repealed Zero Tolerance Policy for Rogue Gun Dealers
The Trump administration's repeal of a zero tolerance policy for rogue gun dealers will threaten US public safety and relations with Mexico.

States in the Vanguard: Social Media Policy Today
The states have stepped up to regulate consumer-facing online services where the federal government has been utterly silent. But the tech companies are not sitting idly by.

Enabling a Thriving Middleware Market
For middleware to flourish, policymakers must align market incentives, address regulatory barriers, and encourage platform cooperation.

Unpacking the Voice of America Litigation
Recent rulings by federal judges provide templates for opposing the destruction of congressionally-created agencies like the Voice of America.

No, the President Cannot Issue Bills of Attainder
Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…