Constitution

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A detailed view of the uniform of a senior military member as U.S. President Donald Trump speaks at Marine Corps Base Quantico on September 30, 2025 in Quantico, Virginia.

Legal Foundations of Honorable Military Service

As former judge advocates, it was our responsibility while on active duty to advise on the legal demands of and limits on senior officers’ authority and responsibility.
U.S. Army soldiers in uniform s​it in formation, with their legs and boots visible in the foreground and American flags hang in the background.

The Constitution’s Forgotten Term Limit on Military Power

Most constitutional experts have never given the Two-Year Clause a second thought. The circumstances that made that neglect tolerable are in the process of dissolving.
Thousands of people wave Syrian flags as they gather in a square during an anniversary rally in Idlib, Syria, on December 8, 2025. (Photo by Omar Albaw / Middle East Images / AFP via Getty Images)

An Urgent Call to Break the Cycle of Division and Exclusion in Syria

Sectarianism in Syria persists, and reinforces a cycle of division. A constitutional process that does not grapple with sectarianism will only reinforce it.
A Clark County election worker stacks gray crates marked "SURRENDERED MAIL BALLOTS."

The Unconstitutionality of the Trump Administration’s New Executive Order on Elections

The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.
Map of the United States on a digital display

Beware the AI Preemption Trap

The White House's National AI Policy Framework asks Congress to shut down the only governments that are regulating AI, in exchange for a federal regime that would not.
US Capitol Building against a sunset

The Court Gutted Congress’s War Power. It’s Time to Give It Back.

A 1983 Supreme Court ruling eviscerated the law allowing Congress to end war. The Iran strikes make that a five-alarm emergency.
Stephen Miller, Defense Secretary Pete Hegseth, and Marine General Francis L. Donovan walk side by side outdoors at U.S. Southern Command headquarters in Doral, Florida, during the Americas Counter Cartel Conference, with other officials visible in the background.

Did the United States Just Bomb Ecuador?

The U.S. military continues maritime strikes on alleged drug smugglers and may now be hitting targets on land. Brian Finucane analyzes Trump’s latest War Powers report.
A figurine in front of the black and white logo of the U.S. artificial intelligence safety and research company Anthropic

The War on Anthropic: Pretextual Designation and Unlawful Punishment

The Trump administration’s salvo against Anthropic is invalidated by statutory limits, First Amendment freedoms, and the Constitution’s absolute bar against bills of attainder
Screenshot of Memorandum for Legal Advisor, National Security Council Re: Proposed War Department Operation to Support Law Enforcement Efforts in Venezuela, published December 23, 2025.

The Trump Administration’s Theory of Constitutional War Powers: “The President Could Decide”

The legal memo justifying its Venezuela operations provides insight into the administration's use-of-force decisions and the factual evidence undergirding them.
Capitol Building

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.
US Secretary of State Marco Rubio testifies during a Senate Foreign Relations Committee hearing

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.
A person enjoys an afternoon walk near the sea on January 15, 2026 in Nuuk, Greenland. (Photo by Alessandro RAMPAZZO / AFP via Getty Images)

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.
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