Constitution
682 Articles

Taking Stock of the Birthright Citizenship Cases, Part I: Unpacking Trump v. CASA, Inc.
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.

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.

Congress Shrinking from the World: the Constitution’s Article I in the Shadow of Trump 2.0
Congress has revealed itself less as a coequal branch and more as an accomplice in the marginalization of its own constitutional role in foreign and national security policy.

The U.S. Attack on Iran Was Unconstitutional
Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.

Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties
Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.

Mass Deportation Policy and the Constitution: My Testimony Before the Senate Spotlight Forum
McCord's remarks for Senate panel address the administration’s mass deportation policy and constitutional rights of citizens and noncitizens.

Just Security’s Artificial Intelligence Archive
Just Security's collection of articles analyzing the implications of AI for society, democracy, human rights, and warfare.

What Just Happened: The Tariff Litigation Advances
A recent U.S. Court of International Trade ruling may distract more than it changes the course of U.S. President Trump's trade policy.

What are “Wartime Authorities” and When Can the President Use Them? An Expert Q&A
It is essential to understand the line between war and peace, scrutinize the application of wartime powers, and interrogate the president’s assertions when he triggers them.

Civil Society is Mounting a Resistance to Trump—Business Leaders Must Follow Suit
Business leaders face now face a pivotal choice: unite to defend democracy or stay passive. They should look to civil society for inspiration on how to take meaningful action.

AI Governance Needs Federalism, Not a Federally Imposed Moratorium
Congress should reject the proposed “AI preemption moratorium.” It is bad policy and is likely unconstitutional under the Tenth Amendment.

How Trump’s Law Firm Settlements Circumvent Congress and Violate Federal Spending Laws
The Trump administration has operated outside the appropriations process and congressional oversight through its law firm settlements.