Constitution
727 Articles

Justice Department Fails to Address Central Point in VOA Case
A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.

Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.

Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs
Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.

What Just Happened: The Trump Administration Repealed Zero Tolerance Policy for Rogue Gun Dealers
The Trump administration's repeal of a zero tolerance policy for rogue gun dealers will threaten US public safety and relations with Mexico.

States in the Vanguard: Social Media Policy Today
The states have stepped up to regulate consumer-facing online services where the federal government has been utterly silent. But the tech companies are not sitting idly by.

Enabling a Thriving Middleware Market
For middleware to flourish, policymakers must align market incentives, address regulatory barriers, and encourage platform cooperation.

Unpacking the Voice of America Litigation
Recent rulings by federal judges provide templates for opposing the destruction of congressionally-created agencies like the Voice of America.

No, the President Cannot Issue Bills of Attainder
Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…

Regulated Democracy and Regulated Speech
Lawmakers are right to worry about platforms’ power over public discourse and democracy. But legislative responses too often seek to empower the government to set new rules for…

When AI Fuels Atrocities — And How It Can Help Prevent Them
Generative AI can fuel new forms of manipulation, but also holds promise for mitigating atrocities and enabling early detection.

特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.