Constitution
686 Articles
What Happened at the Court: The Hasbajrami Oral Argument on Section 702 of FISA and the Fourth Amendment
On August 27, the U.S. Court of Appeals for the Second Circuit heard argument in United States v. Hasbajrami, a case that raises several challenges to the constitutionality of…
Why I Signed the Former CIA Officials’ Letter on Clearances: In Defense of Rule of Law
"The President of the United States has been soundly rebuked by a bipartisan consensus of the national security establishment. The spark was John Brennan, but the flame spread.…
A Potential Recourse for Targets of White House Security Clearance Threats
The White House has recently stated that it is considering revoking the security clearances of several former high ranking public officials. In a July 23 press conference, White…
If Trump Revoked Critics’ Security Clearances, Could They Sue?
There’s a strong argument to be made that at least some constitutional challenges to the revocation of security clearances would be judicially reviewable.
What Judge Kavanaugh’s “Originalism” Means for the Country
"But Kavanaugh’s nomination presents a question that is much deeper than whether the Court is destined to tack to the right on particular policy questions. At stake is what role…
Are We Down to One Branch of Government?
The Republican-led Congress has essentially abdicated its role. The Supreme Court — with its travel ban decision and especially now with Justice Anthony Kennedy’s retirement…
Carpenter Ruling Brings Us Back From Brink of Orwellian Surveillance State
Orwell described a world where limitless surveillance makes us question every action, every thought. Last Friday’s decision in Carpenter v. United States brought us one step…
The Broad Reach of Carpenter v. United States
By focusing on the nature of the information rather than on the telecommunications nitty-gritty used to gather the information or the structure of the database in which the information…
Exigent Circumstances: iOS 12’s USB Restricted Mode and Warrantless iPhone Access
Apple recently confirmed the introduction of a new feature called “USB Restricted Mode” in the latest version of the iPhone’s mobile operating system, iOS 12. If enabled…
Dangerous Drone Bill Emerges from Senate Committee
It’s rare that a congressional committee tasked with overseeing homeland security approves a bill that would not only authorize sweeping surveillance, but also could pose a significant…
What If Police Use ‘Rekognition’ Without Telling Defendants?
At least two US law enforcement departments -- and Motorola, which sells equipment to the government -- have already purchased access to Amazon’s “Rekognition” system. This…
France’s Creeping Terrorism Laws Restricting Free Speech
French prosecutors have been aggressively pursuing anyone who speaks positively of a terrorist act or group even if their intention is not to incite violence or promote the group.