Constitution
686 Articles

Myanmar is Experiencing a Digital-Age Coup – Tech Companies Must Push Back
Since taking power, Myanmar's military has limited access to social media, and at times cut internet service overall. What can tech companies do to resist?

Their Fourteenth Amendment, Section 3 and Ours
A preeminent legal historian writes about original understanding of 14th Amendment; how it can disqualify President Trump from future office.

Time to Reconsider the 14th Amendment for Trump’s Role in the Insurrection
Impeachment and conviction isn't the only way to keep Trump out of the game, writes Jim Wagstaffe. Congress should pitch 14th Amendment disqualification, too.

Unprecedented Threats to Journalists & Civil Society Activists Are Threatening Afghanistan
Who benefits from the killing of journalists, human rights activists, and civil society members in Afghanistan? What purposes could it serve and for whom?

De-platforming Following Capitol Insurrection Highlights Global Inequities Behind Content Moderation
De-platforming is a window on the unequally distributed power and embedded assumptions that determine what content gets to stay online.

Incitement to Violence Ain’t Free Speech
The First Amendment protects abstract appeals for illegal actions. But there can and should be criminal liability for speech that incites the likely and imminent risk of violence.…

Impeachment Defense, the Constitution, and Bill of Rights
The question at the moment isn’t whether the president could be charged with incitement to violence in criminal court.

Responding to the Capitol Attack: Accountability Without Overreaction
There are many indisputable facts about last week’s violent and deadly incursion into the Capitol building. It is beyond debate that the fiasco included multiple criminal acts.…

The Constitutional Case for Impeaching Donald Trump (Again)
We are, it seems, hurtling toward impeaching Donald J. Trump for a second time in thirteen months. It is entirely right that he should be impeached again, but in the whirl of the…

Why D.C.’s Mayor Should Have Authority Over the D.C. National Guard
Congress should give the mayor of D.C. control over the D.C. National Guard, absent federalization, to prevent the president both from misusing the DCNG as his own personal army…

The Incapacitation of a President and the Twenty-Fifth Amendment: A Reader’s Guide
An authoritative analysis of the Twenty-Fifth Amendment on the incapacitation of a president, and how it was intended to function.

Purpose, Not Specificity, Limits the Pardon Power: A Rejoinder to Rappaport
'Tis the season for pardons. But must a pardon spell out the crimes to which it applies? The latest in an ongoing conversation between Prof's Bowman and Rappaport on the legality…