Constitution
706 Articles
Trump’s Doubly Flawed “Invasion” Theory
The president is wrong about what an invasion is—and what powers it triggers.
What Just Happened: Purges at the DOJ and FBI — How Do and Don’t the Civil Service Laws Apply
Expert Backgrounder on how civil service laws do or do not protect DOJ and FBI officials from retaliation.
Connecting the Dots: Trump’s Tightening Grip on Press Freedom
The president and his allies are leading an effort to eviscerate the free press and construct an information ecosystem favorable to his views.
A Step in the Right Direction for Prepublication Review
A recent clarification could help former government employees who once held security clearances publicly write and speak more freely.
The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases
Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction
What Happens After the Most Powerful Media Institutions Keep Surrendering to Trump
U.S. media institutions are abandoning their own First Amendment rights by settling lawsuits with Trump, writes Jaffer for the New York Times.
What Just Happened: The Framing of a Migration “Invasion” and the Use of Military Authorities
An expert explainer on the Executive Order on the "Invasion" Executive Order and deployment of troops.
The Just Security Podcast: What Just Happened Series, Potential U.S. Military Domestic Deployment for Immigration Enforcement
Analyzing legal and policy implications of President Trump using US military resources to support immigration enforcement at the border.
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.