Constitution
706 Articles
Trump’s New War on Leaks: Reporters Caught in the Crossfire?
At a press conference on August 4, Attorney General Jeff Sessions condemned “in the strongest possible terms the staggering number of leaks” of classified national security…
Mixing Politics with Business: A Master List of Trump’s Conflicts of Interest
Remember that giant pile of manila folders? They were stacked high at Donald Trump’s press conference on Jan. 11. While no one was allowed to take a closer look at them, the…
Unlocking the Mysteries of the Supreme Court’s Entry Ban Decision
Many close observers of the Court are still scratching their heads, trying to figure out just exactly what the Court did yesterday in Trump v. IRAP–and why. With the luxury…
Did the Supreme Court Tip Its Hand on How It Will Rule on the Travel Ban?
Today, the Supreme Court partially stayed and partially upheld the lower court injunctions in the travel ban litigation. The way in which the Court split the baby is perhaps the…
It’s All About that Stay (and Its Surprising Limits)
Preliminary thoughts (reserving the right to add more as the day goes on!): The Court nominally granted certiorari in the two “travel ban” cases today, but for reasons…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 9-June 16)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
Freedom of Expression and the Digital Access Industry: Five Key Takeaways
The Internet, a historically unparalleled source of information and expression, has also become a playground for censorship, punishment and propaganda. Not a day goes by where…
Neither Facially Legitimate Nor Bona Fide–Why the Very Text of the Travel Ban Shows It’s Unconstitutional
As the litigation over the travel ban moves to the Supreme Court, the most important passage in the Fourth Circuit’s en banc opinion may be a tangential footnote finding “yet…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (May 26-June 2)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
Pence’s Troubling Advice: Follow the Chain of Command “Without Exception”
After thinking about Vice President Mike Pence’s remarks last Friday at the United States Naval Academy’s commencement, I found one part of his speech particularly alarming:…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (May 19-26)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
Can Flynn Assert a Fifth Amendment Privilege to Withhold Documents?
The news that retired Lt. Gen. Michael Flynn, Trump’s former national security advisor and campaign aide, has refused to comply with a Senate Intelligence Committee subpoena…