Constitution
706 Articles

A Transitional Period Constitutional Question in Sudan
Sudan's military derailed a transition to civilian control in October. The former Minister of Justice takes a deep dive into the legal ambiguity in key founding documents that…

How the U.S. Government Built the Largest System of Prior Restraint in U.S. History
Prepublication review has ballooned since 1980 Supreme Court decision in Snepp v. U.S.

Foreign Disinformation: What the US Government Can Start Doing Now
Two recent commissions, while diagnosing the challenge differently, reached some similar conclusions on steps to take.

Prepublication Review and the Quicksand Foundation of Snepp
A massive system of prior restraint hangs on an irregular Supreme Court footnote.

2022 Update: Good Governance Paper No. 6: Domestic Military Operations
At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.

EU-US Plan for Bosnia Risks Undermining New Sanctions and Bolstering Putin
Electoral deal also offers state land and backtracks on genocide denial, threatening territorial integrity, justice, and peace.

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.