Constitution

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US Capitol building at sunset with moon

War Powers, Venezuela, Drug Boats, and Congress

The last year of unauthorized military interventions and the president’s threats should spur Congress to reassert its constitutional prerogatives over the use of force.
Screenshot of the Joint Resolution proposing the 22nd Amendment, from the General Records of the U.S. Government National Archives

No Indispensable Man: The Democratic Foundation of the 22nd Amendment

To violate the 22nd Amendment would be to discard the wisdom of those who sought to preserve U.S. democracy against the last rising tide of authoritarianism.
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.
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