Constitution
706 Articles
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…
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
A Roadmap for Reform: How the Biden Administration Can Revitalize the Office of Legal Counsel
As President-Elect Joe Biden announces his picks for cabinet positions, the Nation’s focus has increasingly turned to the challenges facing the incoming administration. One such…
Polish Government’s Attacks on Rule of Law Violate Not Only EU Norms but International Law
The repeated violations of fundamental rights and principles corrode the very foundations of the democracy Poland fought so hard to win.
Revitalizing US Democracy Starts with Repairing the Right to Peaceful Assembly
Five actions the Biden administration can take to better protect the right to peaceful assembly.