Constitution
706 Articles
Trump’s Invoking Obama Signing Statement as Reason Not to Report to Congress on Khashoggi Murder: A Roundup of Expert Views
The Trump administration has refused to submit a report to Congress, as required by federal statute, providing a determination whether Saudi Arabia's Crown Prince Mohammed bin…
What the Constitution Says About Trump’s Obstruction of Pelosi’s Afghanistan Trip
President Donald Trump’s retaliation against Speaker Nancy Pelosi’s withdrawing the State of the Union invitation — denying Pelosi’s use of military aircraft to travel…
New Approach After Charlottesville Violence Protects Public Safety While Preserving Rights
When right-wing nationalists try to weaponize the First Amendment to the U.S. Constitution, states can use their own constitutional and statutory provisions to prohibit private…
The Senate Strikes Back: Checking Trump’s Foreign Policy
Though the Senate vote on cessation of military assistance for the Saudi War in Yemen will have no practical effect – the House of Representatives will not take up the matter…
Criminalizing Speech to Protect Religious Peace? The ECtHR Ruling in E.S. v. Austria
It is 2008. A far-right party in Austria hosts seminars that are free to attend and advertised to the public. The subject of one such seminar series is “Basic Information on…
Legal Analysis of “Cabinet Memo” on the Military’s Role at Southern Border
Avoidance of military involvement in civil society is part of America's political culture and heritage. The new White House order on U.S. Army role at the southwest border threatens…
Birthright Citizenship for Children of Unlawful U.S. Immigrants Remains an Open Question
Shortly before the midterm elections, President Trump stirred up a hornet’s nest in suggesting he could, by executive order, withdraw the right to citizenship at birth from children…
Prosecuting Wikileaks, Protecting Press Freedoms: Drawing the Line at Knowing Collaboration with a Foreign Intelligence Agency
Top law professor on Internet and press freedoms--who was witness for defense of Chelsea Manning--writes why Assange's actions in 2016 may be very different.
Initial Reactions to OLC’s Opinion on the Whitaker Designation as “Acting” Attorney General
Two former Office of Legal Counsel officials analyze OLC's opinion on Matthew Whitaker's legal status as Acting Attorney General.
Update: The Military, the Mexican Border and Posse Comitatus
Unlike the earlier deployment of National Guard personnel, the use of federal forces raises new issues concerning what they are permitted to do.
Painful Lessons of Stripping Citizenship Can Be Found Across the Globe
The Trump administration’s quest to end “birthright” citizenship is not only unconstitutional and immoral, it defies our history and the lessons that mass citizenship-strippers…
Reply to Bauer and Goodman: No, the Government Doesn’t Decide What ‘Legitimate Press Functions’ Are First Amendment Worthy
Former Obama administration lawyers Bob Bauer and Ryan Goodman make a dangerous argument: that coordination with a political campaign is outside the “legitimate press function” and…