Constitution
686 Articles
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…
John Roberts Takes Control on Voting Rights
Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…
The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless “Foreign Intelligence” Queries
A cramped approach to protecting Americans’ privacy would be a mistake, both as a legal matter and a practical one.
Guatemalan Election Runoff Endangered by Corrupt Authorities
A surprise finish by an opposition candidate has spurred concern that the second round of elections will be canceled or stolen.
A Close and Critical Look at the ‘Five Things’ the ACLU Says You Need to Know About ‘NSA Mass Surveillance’
The most compelling national security question this year is whether Congress will reauthorize Section 702 and, if so, what form that reauthorization will take.