Constitution
686 Articles

Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us
Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.

Court Says Warrant Needed for U.S. Person Queries of FISA Section 702 Data
Judge Hall’s Hasbajrami decision marks the first time a court has ruled that U.S. person queries of FISA Section 702 data must be performed pursuant to a warrant or an exception…

What Just Happened: Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability
A leading expert analyzes the Justice Department threat to prosecute state and local officials in sanctuary cities.

What Just Happened: Unpacking Exec Order on National Emergency at the Southern Border
An expert explainer on the Executive Order Declaring National Emergency Southern Border and deployment of troops.

A Free Speech View on the “Free Speech” Executive Order
There’s a version of this executive order that might have given free-speech advocates hope that the incoming administration would investigate “jawboning”—government pressure…

President Trump’s Attempt to “Save” TikTok is a Power-Grab that Subverts Free Speech
"I remain convinced that the statute authorizing the ban is an ill-advised and unconstitutional law that does lasting damage to the First Amendment rights of millions of Americans…

The Just Security Podcast: The Supreme Court’s Decision on TikTok
Marty Lederman, Asha Rangappa, and Xiangnong (George) Wang discuss how the Supreme Court balanced free speech rights and national security concerns in the TikTok case.

How Not to Decide TikTok: U.S. press freedom hangs in the balance
"If the Court were to accept the Solicitor General’s rationale ... the government would be free to force the removal of owners of any media outlet whose fealty it did not trust."

Unpacking the Meta Announcement: The Future of the Information Ecosystem and Implications for Democracy
Meta's changes reflect the trend of deregulation, aligning with Zuckerberg's vision of prioritizing free expression over community safety.

National Security Resilience and Reform: Trump 2.0 and Beyond
Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.

Congress Must Heed Koh’s Call to Surface Secret Law
Ensuring that any secret law-making in the executive branch gets disinfecting sunlight is uniquely important because of its potential to give legal cover for overbroad, unaccountable,…

Treasury’s Reversal on Sanctions Authority Is a Victory for Free Speech
OFAC’s reversal is a victory for free speech that ensures Americans can continue to engage with people and ideas from around the world.