Constitution
690 Articles

Using AI to Comply With Book Bans Makes Those Laws More Dangerous
Using generative artificial intelligence tools to comply with book bans will only further threaten freedom of speech.

Questions for Congress to Ask the Biden Administration at the AUMF Hearing
Congress should seek to determine how the executive branch interprets and relies on the 2001 AUMF and where the administration stands on proposed reforms that have been widely…

Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)
Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

The Just Security Podcast: A Fourth Amendment Privacy Paradox
The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…

Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)
Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

Racial Justice Without Affirmative Action: Embracing International Law after SFFA v. Harvard
The Biden administration should finally acknowledge that progress on racial equity is legally – not just morally – required, and then it should creatively leverage its power…

The Government’s Section 702 Playbook Doesn’t Work Anymore
Imposing robust safeguards for searches of Americans' communications in the FISA Section 702 program should be an easy path to preserving the program's intelligence value when…

The Right to Protest Is Under Assault. Frontline Activists Show How to Fight Back.
Governments around the world are cracking down on protest rights; activists are documenting the playbook and building their own.

The Character to Lead: Republicans’ Fork in the Road Between Trump and the Constitution’s Eligibility Requirements for President
"As someone who has served as an informal advisor to Republican and Democratic Presidents, it pains me to make this observation."

How Military Leaders Can Navigate a Crisis of Democracy: Lessons from the Reservist Protests in Israel
Leaders must communicate carefully with the public and subordinates, and minimize damage to the military, without adding to societal tension.

US Sanctions Against Serbia’s Intel Boss Should Signal a More Holistic Policy Redo
The commendable action will only have an impact as part of a broader change in the Biden administration’s posture on the Western Balkans.

The Legal Takeover of the Manifestly Unlawful Order Doctrine in Israel
The involvement of lawyers allows combatants to absolve themselves from thinking about human rights considerations as long as they believe the military functions as part of a democratic…