Constitution
706 Articles

9 Top First Amendment Experts React to White House Press Briefing Ban on CNN, NYT, Others
On Friday, the White House barred specific news organizations from attending a press briefing by spokesman Sean Spicer. Among the organizations excluded from the question and answer…

Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 17-24)
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…

Just Security Event: Surveillance and the Trump Administration
Join Just Security for a fireside chat on U.S. surveillance and a celebration of Jennifer Granick‘s new book, American Spies: Modern Surveillance, Why You Should Care, And What…

The U.S. Constitution and the Risk of Democratic Backsliding
Is there a real possibility of the erosion of democratic institutions toward authoritarianism in the United States? What can the experience of other countries tell us about how…

The CIA’s New Guidelines for Handling Americans’ Information
In acknowledgment of the mass scale of modern electronic intelligence collection, the Central Intelligence Agency today released newly updated guidelines governing how it treats…

Press Freedom and Africa’s Regional Courts: A Positive Model for Transparency and Accountability
The last part of 2016 has not brought much positive news on justice and accountability across Africa. No less that three States — Burundi, South Africa and Gambia — announced…

The Ninth Circuit’s Constitutional Detour in Mohamud
The Ninth Circuit’s decision in United States v. Mohamud continues a trend of disappointing decisions by lower courts on the constitutionality of FISA Section 702 surveillance.…

Keeping Track of Trump’s Conflicts of Interest [Updated Dec. 5]
Since the election, there has been a firehose of news: President-elect Donald Trump’s cabinet picks, rumors about Trump’s cabinet picks, a Neo-Nazi conference in Washington,…

Businesslike Government, Presidential Power, and the Erosion of the Civil Service
Immediately after the election, I wrote about the administrative separation of powers, specifically about how the rivalrous and contentious interplay of politically appointed agency…

Administrative Checks and Balances in the Trump Administration
Raise your hand if you went to bed Tuesday thanking James Madison for the gift of separation of powers. For years, scholars and pundits have resented that gift, railing against…
State Department’s Chief Legal Adviser Rebukes (Trump’s) Proposed Closures of the Internet
The U.S. government should not consider shutting down parts of the Web as it continues to develop ways to prevent the Internet from being used for terrorist purposes, a top State…

Surveillance and Anti-Press Sentiment Heightens Concerns for Journalists Closer to Home
In 1999, Amartya Sen argued that the health of a country could be determined by examining the health of its press. One metric of the fitness of a country’s press is the safety…