Constitution
706 Articles

Time for U.S. Intelligence to Ask: How Did We Alienate so Many Americans?
"Two years before the next round of debate over Section 702, an earlier, deeper, and more wide-ranging conversation needs to take place between the intelligence and civil liberties…

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…

How ‘Economic Security’ is Re-shaping Presidential Power
Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.

Judge Cannon Finds Special Counsel Unconstitutional in Trump Classified Documents Case: What’s Next for Jack Smith?
Judge Aileen Cannon found that Attorney General Merrick Garland had no power to appoint Jack Smith as a special counsel, dismissing the case.

The Supreme Court Seemed to Punt on Social Media and the First Amendment. It Actually Protected Content Moderation.
The NetChoice ruling points to increased oversight by using narrow disclosure laws to shed light on how social media companies operate.

The Just Security Podcast: Presidential Immunity After Trump v. United States
Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.

Trump’s Prosecutions Depend on Whether the Dissent Got It Right
Justice Sonia Sotomayor wrote that the Supreme Court's majority granted “former President Trump all the immunity he asked for and more.”

Divided Supreme Court Hands Trump Broad Immunity for Prosecution for Official Acts
The Court set forth a legal framework for the criminal justice system to respond to a president committing federal crimes while in office.

Unpacking the Supreme Court’s Punt on Alleged Government ‘Coercion’ of Social Media Companies: What Murthy v. Missouri Did and Did Not Say
What Murthy v. Missouri did and did not say.

Trump’s Mar-a-Lago Search Challenge Flounders: Judge Signals Warrant Passed Muster
Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.

The Assange Plea and Press Freedom
Assange's case will cast a long shadow over the most important kinds of journalism, not just in the United States but around the world.

Trump’s Special Counsel Hearings: Judge Appears Concerned Over Jack Smith’s Funding
Key takeaways from Donald Trump's challenges to Special Counsel Jack Smith's authority in the classified documents case.