Constitution
690 Articles

The President’s Private Army
How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…

Bill Barr’s Playbook: His False Claims About Prior Military Force on U.S. Soil
The Insurrection Act, Operation Hawkeye and what really happened

Portland’s Pretext: Barr’s Long History Manipulating Law to Put Federal Forces on U.S. Streets
In a 2001 interview, Bill Barr boasted that he came up with the idea in 1989.

Preparing the Public for a Contested Election
While perhaps once thought too far-fetched to discuss out loud in serious company, concerns that Donald Trump will refuse to leave office even if he loses the November election…

Top Experts: DOJ’s Bureau of Prison Blocking Michael Cohen Book about Trump Violates First Amendment
On Thursday morning, Michael Cohen, the president’s former lawyer and fixer, was returned to prison. Many readers like myself may have passed over the headlines for this particular…

Is the Supreme Court Undercutting Congress’ Ability to Check Abuses of Presidential Power?
Yesterday’s Supreme Court rulings holding that the president is not immune from subpoenas issued by Congress and local law enforcement were a relief to many. But even as the…

U.S. “National Security” Must Apply to the Entire Nation
The US history of racial discrimination creates a domestic threat far more serious to some of its citizens than those posed by external antagonists.

Gambia v. Facebook: What the Discovery Request Reveals about Facebook’s Content Moderation
A review of Facebook’s past content decisions in Myanmar can guide assessments of when the public interest value of election-related content breaches the threshold of harm. Knowing…

Freedom of Expression and Political Controversy: The ECtHR’s BDS Judgment
In its June 11 Baldassi et al v. France judgment (French original not yet translated), the European Court of Human Rights (ECtHR) confirmed and reinforced the fundamental right…

Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book
Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction.

Questions for the Government in the Bolton Book TRO Hearing(s)
Goldsmith and Lederman deliver up a series of questions that will expose the strengths and weaknesses of the government's claims.

A Conversation With U.N. Special Rapporteur Ahmed Shaheed: COVID-19 and Freedom of Belief
Editor’s Note: This piece is part of Just Security’s United Nations Special Rapporteurs on #COVID-19 series, in which mandate holders offer their views on pressing…