Constitution
688 Articles

2022 Update: Good Governance Paper No. 15: Enforcing the Emoluments Clauses
At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.

With Subpoena to a Photojournalist, Jan. 6 Committee Runs Needless Risks to Press Freedom
Alongside the predictable lineup of plaintiffs seeking to block the committee’s subpoenas of their phone records—Michael Flynn, Mark Meadows, and others—one stands out. A…

Crisis of Command: The Pentagon, The President, and January 6
Pentagon restrained National Guard on Jan. 6 out of concern Trump would invoke Insurrection Act.

Exiled Journalists Need Support, Not Autocrat-Fueled Skepticism
Western donors, civil society, and media partners need to update their views of those who've fled repression.

Unilateral Use of Force in the “National Interest”: Taiwan Doesn’t Meet the Test
Can the President use force to protect Taiwan in the "national interest" without congressional authorization?

The Downstream Effects of Israel’s “Terrorist” Designation on Human Rights Defenders in the US
The Israeli designation may be designed to trigger US counterterrorism sanctions - and chill human rights activism. Here are some options for the US response.

Sudan’s Constitutional Crisis: Dissecting the Coup Declaration
Suspending certain articles while retaining parts of the transitional deal cloaks a unilateral power-grab as merely a course correction.

So, What Does Facebook Take Down? The Secret List of ‘Dangerous’ Individuals and Organizations
Facebook has been criticized for content it allows. But we should be equally skeptical of what it takes down, and its claimed legal reasoning for removals.

Counterterrorism Off the Rails: Israel’s Declaration of Palestinian Human Rights Groups as “Terrorist” Organizations
Law professors critically analyze Israel Defense Minister Benny Gantz's designation of six Palestinian human rights groups as “terrorist” organizations

Modern History of Disclosure of Presidential Records: On the Boundaries of “Executive Privilege”
A detailed account of instances of past administrations' disclosing presidential records, including those of former presidents, to Congress.

Q&A on Court Ordering Facebook to Disclose Content on Myanmar Genocide
Implications for future investigations and more...

Revenge of the State: Freedom House Finds Tech Increasingly Serves Authoritarian Ends
Hendrix unpacks the report's broader themes and dives into country reports on United States, India, and China.