Constitution
706 Articles

The Army Clause: A Forgotten Constitutional Check on ICE, CBP, and the Pentagon
Why the One Big Beautiful Bill violates a forgotten constitutional check on funding standing armies and how Congress can enforce it now.

Five War Powers Takeaways from the Senate’s Venezuela Hearing
The Senate's hearing with Rubio offered little solace to those concerned about the use of force against Venezuela.

How Congress Can Preserve NATO and Greenland: Using 22 USC 1928f to Protect the Peace
Trump’s threats to invade Greenland risk destroying NATO itself, but a little-known statute, 22 U.S.C. 1928f, could prevent him from doing just that.

War Powers, Venezuela, Drug Boats, and Congress
The last year of unauthorized military interventions and the president’s threats should spur Congress to reassert its constitutional prerogatives over the use of force.

No Indispensable Man: The Democratic Foundation of the 22nd Amendment
To violate the 22nd Amendment would be to discard the wisdom of those who sought to preserve U.S. democracy against the last rising tide of authoritarianism.

The Assault on Law School Clinics is an Attack on Democracy Itself
Americans are witnessing a concerted effort to delegitimize legal defense for marginalized or politically disfavored people.

The (Flimsy) Legal Arguments Used to Justify Art Censorship
Liability fears are increasingly weaponized to justify removal of socially engaged art. Treating display as endorsement is legally wrong and culturally corrosive censorship.

When Loyalties Shift: Americans’ Growing Noncooperation with Federal Abuses of Power
Americans' refusals to accept apparent abuses of power by the federal government indicate that the political winds may be starting to shift.

Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes
The administration's legal argument is both "incorrect and dangerous," writes Finucane.

Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday
Expert backgrounder on how War Powers Resolution works in application to U.S. military operations against suspected drug cartels.

Some Questions About Trump’s Order Pledging to Defend Qatar’s Security
Trump's Executive Order on Qatar raises a number of important legal and policy questions that merit careful consideration by Congress and the public.

Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument
Analysis of birthright citizenship statutory arguments now before the Supreme Court.