Constitution

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A law enforcement officer in riot gear and a gas mask stands in the foreground, seen through a chained fence. Behind the fence, protesters hold signs reading "ICE OUT NOW," "RESTORE CONSTITUTIONAL LAW," and "ICE KILLS."

Collateral Accountability: The Oldest Check on Federal Lawlessness

As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.
A woman fills out paperwork at a driver's license office counter, with a 'Fill Out Application' sign in the foreground and other visitors standing at counters in the background.

States Can Fight Federal Overreach by Protecting State Data

States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.
A man's hand holds up the cover page of lawsuit naming Gavin Newsom as plaintiff and Donald Trump as defendant, with the bear emblem from the California state flag visible in the background.

Commandeering, Coercion, and Executive Power

States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.
A low-angle view of the U.S. Capitol dome against a clear blue sky, with an American flag flying in the foreground.

Introduction to “Fight Back: How States Can Counter Authoritarianism” Series

State and local governments have constitutional and legal powers that can be harnessed to challenge repressive federal actions and to advance meaningful freedom and equality.
A blue architectural blueprint-style graphic with white grid lines and hand-lettered labels arranged like room names on a floor plan, symbolizing the architecture of institutional reinvention.

Reinvention Blueprint No. 1: A Government That Works for People

Our democratic institutions are under strain, but one thing must be true if any reform is to take hold: government must deliver, and that delivery must be felt by all people.
A demonstrator holds up a cardboard sign quoting the 14th Amendment — "All persons born ... in the United States ... are citizens" — with the U.S. Supreme Court building visible in the background.

Counting the Votes in the Supreme Court’s Birthright Citizenship Decision

A close analysis of the Supreme Court Justices' opinions in Trump v. Barbara.
U.S. President Donald Trump walks over to Marine One after landing at Morristown Airport in Air Force One on June 5, 2026 in Morristown, New Jersey. President Trump is spending the weekend at Trump National Golf Club Bedminster after holding an event at Custer Farms in Chippewa Falls, Wisconsin.

Breaking the Cycle: Transitional Justice in America After Trump

A post-Trump America must finally turn transitional justice tools inward and reckon with failures it has long refused to face if it aims to repair, not simply ignore.
Several people wearing various colors of t-shirts, including bright orange or black, stand with signs at the base of tall columns, the photo shot from below, with banners between the columns behind them reading "Jimmy Kimmel Live"

How Defending Free Speech Can Unite Unlikely Allies

The Trump administration's threats to First Amendment rights have inspired a broad front defending free speech, freedom of the press, protest rights and more.
U.S. Secretary of Defense Pete Hegseth listens as Chairman of the Joint Chiefs of Staff Gen. Dan Caine testifies before the Senate Armed Services Committee in the Dirksen Senate Office Building on June 18, 2025 in Washington, DC.

At the 60-Day Mark, the Iran War is Triply Illegal

Under the War Powers Resolution, Trump must now terminate the hostilities against Iran he began two months ago. He seems set against doing so.
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.
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