Constitution
708 Articles

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.

The US Can — and Must — Counter Russian Influence Undermining Kyrgyzstan’s Democratic Progress
The latest sign of backsliding is a draft "foreign agents" law modeled after one that gutted civil society in Russia.

In Viral Video Cases, Does Hate Make the Crime?
Within the context of a law enforcement investigation, if a defendant’s contemporaneous hate speech is the cart, then a suspected crime is the horse. You need both to make a…

Two Supreme Court Cases Could Shape the Future of AI and Content Moderation
The Supreme Court’s decision in the social media cases will shape the kinds of arguments that labs can make against AI regulations.

The Biden Impeachment Inquiry: A Heedless Descent into Constitutional Anarchy
House Republicans are embracing a world where every presidency and every congress is consumed by impeachment.