Constitution
706 Articles

Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform
An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.

Banning Content Platforms is Not a Solution to Hate Speech on the Internet, Even When the Platform is Meta
Governments should recognize that pulling the plug on the internet – or on an entire social media platform – is not a viable solution to the spread of hate speech or misinformation…

The Biden Administration’s Senseless Opposition to Congress’s Effort to Prevent Abusive National Guard Deployments
Section 516 of the NDAA is a commonsense reform that would prevent a president from borrowing the National Guard of a political ally to use it as a domestic police force in an…

The Biden Administration’s Options for Responding to Abbott’s Unconstitutional Border Enforcement Executive Order
The Texas governor has invoked war powers to respond to migrant arrivals at the border - potentially usurping federal prerogatives.

A Historical Perspective on Alternate Electors: Lessons from Hayes-Tilden
The attempt to overturn the results of the 2020 election has raised questions about a historical example in which self-proclaimed electoral votes were sent to, and considered by,…

The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists
With grant of cert in Moore v. Harper, the Supreme Court has teed up question of the independent state legislature theory, which "would have sweeping and dangerous implications…

Protecting the Freedom of Peaceful Assembly After Bruen: A Roadmap for State Lawmakers
Presence of firearms at "sensitive places" may implicate First Amendment rights of peaceful protesters, the fundamental right to vote, and the safety of lawmakers carrying out…

Israel’s West Bank Ordinance: The Latest Effort to Suppress Palestinian Civil Society
The new law will severely curtail academic, economic, and personal contacts between Palestinians and the world. It fits a larger pattern.
Still at War: The United States in Iraq
There are both benefits and risks to maintaining a U.S. military presence in Iraq.

With Roe v. Wade at Risk, Digital Surveillance Threatens Reproductive Freedom
If Roe is overturned, states will likely use sweeping digital surveillance tools to enforce abortion bans.

Trump’s Next Presidential Coup Attempt Could Work
Flawed laws, enacted in 1845 and 1887, create a dangerous opportunity.

What Elon Musk Does Not Get about Twitter and Democracy in Africa
Deferring to local laws to determine the bounds of free speech on Twitter - and Musk has suggested doing - would jeopardize hard-won democratic freedoms in Africa.