Constitution
706 Articles

On Eve of Elections, Polish Democracy is Subverted by Autocratic Media Advantage
Pro-democracy allies and organizations should call out such media capture and other tools of domestic election interference.

The PCLOB Stubs Its Toe on Use of U.S. Person Queries with FISA Section 702
A critique of the PCLOB recommendation that Congress require FISC authorization when U.S. person query terms are used in the FISA Section 702 database.

Key Takeaways from September 28 House Foreign Affairs Committee Hearing on AUMF Reform
The HFAC hearing clarified the shallowness of the Biden administration’s conception of AUMF reform, divisions between the political branches and within the House, and the risks…

National Security Law and the Originalist Myth
Any genuine project of national security reform requires more than reviving a fictive eighteenth century of checks and balances. It instead entails treating foreign interventionism…

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.