Constitution

× Clear Filters
708 Articles
US Marine Corps hang barbed wire

U.S. Military Action in Mexico: Almost Certainly Illegal, Definitely Counterproductive

U.S. military action in Mexico would not only be illegal, it would sabotage Trump’s stated immigration policy priorities and could lead to retaliation against Americans.
black and white image of the sworn statement of witnesses verifying the departure statement of Wong Kim Ark

The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order

"In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."
Members of the national guard move a red ladder.

Trump’s Doubly Flawed “Invasion” Theory

The president is wrong about what an invasion is—and what powers it triggers.
Federal Bureau of Investigation (FBI) Headquarters on Pennsylvania Avenue, Washington DC, USA. Blue Sky with Puffy clouds, Street, Rickshaw, Passersby and Green Trees are in the image. Wide angle lens.

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.
U.S. President Donald Trump speaks to reporters in the Oval Office of the White House

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 close up of the tab from a confidential file folder.

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.
Donald Trump signs an executive order at his desk in the Oval Office

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
President Donald J Trump speaks with reporters and signs executive orders in the Oval Office

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.
A US Army soldier monitors the US-Mexico border in Eagle Pass, Texas

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 episode title appears with sound waves behind it.

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.
U.S. President Donald Trump signs a series of executive orders at his desk.

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.
Top shot of the Eastern District of New York courthouse, Manhattan, NY

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…
1-12 of 708 items

DON'T MISS A THING. Stay up to date with Just Security curated newsletters: