Constitution
688 Articles

Expert Backgrounder: Federalizing the National Guard and Domestic Use of the Military
An expert explainer on when the President of the United States can 'federalize" the National Guard and deploy U.S. military forces domestically.

The ABA Urges Action Against Abusive Commercial Spyware, and Policymakers Should Listen
The leading association of American lawyers added its voice to the chorus of concern surrounding the proliferation of commercial spyware.

Multiple Threats Converge to Heighten Disinformation Risks to This Year’s US Elections
Both the private sector and government will have to work more seriously to help safeguard American democracy from falsehoods.

Why and How the Senate Should Swiftly Dismiss the Impeachment Charges Against Mayorkas
"The articles are also facially and substantively defective in many other respects. Upon convening as a court of impeachment, the Senate should swiftly reject the articles as a…

The Biden Administration Must Use Civil Rights Enforcement to Push Back Against Texas’s Racist Invocation of Invasion
Texas Governor Greg Abbott's invocation of "invasion" is based in the white supremacist "great replacement" conspiracy theory.

The Facts About Electronic Surveillance Reform
"It is my hope that, with section 702’s expiration date now extended to April 2024, members of Congress and the administration can engage in substantive discussions, identify…

Immigration Is Not an “Invasion” under the Constitution
The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.

Beyond Alleged Assassination Plots, India’s Modi is Silencing US Critics Digitally Too
The Biden administration must remind the Indian government that a true democracy must respect the fundamental right to dissent.

15 Years Later, Sri Lanka Continues to Deny Justice to Murdered Journalist
Lasantha’s murder, and the government’s failure to meaningfully investigate it, is a potent illustration of the importance and necessity of holding the perpetrators of crimes…

Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment
A critical analysis of the use of the 14th Amendment to bar candidates, including former President Trump, from running for office, without congressional implementing legislation.…

Advances in AI Increase Risks of Government Social Media Monitoring
New AI tools are exacerbating problems with social media surveillance.

Congress Can Curb Abuse of the Presidential Pardon Power
Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.