Constitution

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713 Articles
Exterior of Northwestern University School of Law Levy Mayer Hall

The Assault on Law School Clinics is an Attack on Democracy Itself

Americans are witnessing a concerted effort to delegitimize legal defense for marginalized or politically disfavored people.
Statue Of Liberty

The (Flimsy) Legal Arguments Used to Justify Art Censorship

Liability fears are increasingly weaponized to justify removal of socially engaged art. Treating display as endorsement is legally wrong and culturally corrosive censorship.
The image shows a crowd of demonstrators in multi-colored clothing holding signs, one near the center of the image wearing a makeshift crown.

When Loyalties Shift: Americans’ Growing Noncooperation with Federal Abuses of Power

Americans' refusals to accept apparent abuses of power by the federal government indicate that the political winds may be starting to shift.
US Marines' Lockheed Martin F35-B jets approach in formation

Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes

The administration's legal argument is both "incorrect and dangerous," writes Finucane.
US Capitol building at sunset with moon

Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday

Expert backgrounder on how War Powers Resolution works in application to U.S. military operations against suspected drug cartels.
US Secretary of State Marco Rubio (L) sits across from Qatar's Emir Sheikh Tamim bin Hamad al-Thani (R)

Some Questions About Trump’s Order Pledging to Defend Qatar’s Security

Trump's Executive Order on Qatar raises a number of important legal and policy questions that merit careful consideration by Congress and the public.
The U.S. Supreme Court at night.

Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument

Analysis of birthright citizenship statutory arguments now before the Supreme Court.
A scale in front of shipping containers

Rethinking IEEPA Accountability and Oversight

Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.
The U.S. Supreme Court building stands in Washington, D.C., U.S.

Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions

Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.
The United States Capital with a backdrop of a digital canvas

The AI Action Plan and Federalism: A Constitutional Analysis

If the U.S. AI Action Plan's approach survives constitutional scrutiny, it will erode vital and enduring checks on presidential authority.
U.S. President Donald Trump, joined by Republican lawmakers, holds a gavel after signing the "One, Big Beautiful Bill" Act into law during an Independence Day military family picnic on the South Lawn of the White House on July 04, 2025 in Washington, DC. (Photo by Eric Lee/Getty Images)

Congress Shrinking from the World: the Constitution’s Article I in the Shadow of Trump 2.0

Congress has revealed itself less as a coequal branch and more as an accomplice in the marginalization of its own constitutional role in foreign and national security policy.
ARLINGTON, VIRGINIA - JUNE 26: Chairman of the Joint Chiefs of Staff Air Force Gen. Dan Caine turns to watch a video of a bombing test of the GBU-57A/B Massive Ordnance Penetrator (MOP) used in the attack on the Iranian Fordow Fuel Enrichment Plant during a news conference with U.S. Defense Secretary Pete Hegseth at the Pentagon on June 26, 2025 in Arlington, Virginia. The Department of Defense top officials gave an update after three Iranian nuclear facilities were struck by the U.S. military last weekend and Iran countered by launching missiles at Al Udeid Air Base in Doha, Qatar. (Photo by Andrew Harnik/Getty Images)

The U.S. Attack on Iran Was Unconstitutional

Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.
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