Constitution

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US Capitol building at sunset with moon

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,…
Federal government office in Washington, D.C.

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.
On the left, the lower body of a soldier holding a rifle behind a fence. One the right, a white truck.

Deployment of the U.S. Military for Immigration Enforcement: A Primer

An expert explainer by leading expert on the domestic deployment of the U.S. military.
Image of the text of the 14h amendment in cursive. Black text against yellowed paper.

Birthright Citizenship and Undocumented Immigrants

"If the new administration goes through with this proposal whether by executive action or legislation, courts should and most likely would strike it down."

Journalist in Exile Laments Kyrgyzstan Crackdown, Now Extending to His 12-Year-Old Son

Bolot Temirov on the personal cost of the country's repression of media and civil society, as democracy gives way to authoritarianism.
U.S. Secretary of State John Kerry speaks at the United Nations Signing Ceremony for the Paris Agreement.

Withdrawal from International Agreements: Toward a “Tailored Out”

The practical and political stakes of this admittedly esoteric question of constitutional law are high, implicating as it does the effectiveness of the United States’ engagement…
Donald Trump, Satya Nadella, and Jeff Bezos sit, in conversation at a table.

Rising Authoritarianism and Plutocracy Are a Dangerous Mix for Press Freedom

U.S. democracy appears so strong as to be unbreakable. But the billionaire class is its weakest point: small, concentrated, and all too often uninterested in following the rules…

On Dictatorship and Self-Censorship: Lessons the Owner of a Sudanese Newspaper Could Give Jeff Bezos

"It is vital that we discuss the Washington Post’s and L.A. Times’s non-endorsement in the U.S. presidential election, plainly and openly, as what they actually are."
An overhead view of the Pentagon building in Washington, DC.

Much Ado About Nothing: Recent Changes to Department of Defense Directive 5240.01

Recent changes to this Defense Department directive do not reflect any change in policy and provide no new authority to deploy the military domestically or to use lethal force…
Close up of man's chest wearing a military uniform wearing a badge with American flag logo and inscription "I Voted."

Don’t Let Military and Overseas Voters Become the Next Targets for Voter Suppression

We hope Americans from both sides of the aisle will recognize the peril in withholding the right to vote from active-duty military personnel, from U.S. diplomats, and from all…
The episode title appears with sound waves behind it.

The Just Security Podcast: The Spread of Political Propaganda on Encrypted Messaging Apps

Messaging platforms such as have become highly influential tools for manipulating and misleading voters around the world.
Schmidt stands at a podium with the OHR logo on the front, against a backdrop of the logo and the name of his office, with the OHR and Bosnian flags at the left edge of the photo.

European Court Intervention by Bosnia’s International High Representative Risks Limiting the Country’s Potential

Following his recommendation would secure the grip of ethnonationalists and those responsible for the “fragile” conditions he laments.
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