constitutional law
86 Articles
Commandeering, Coercion, and Executive Power
States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.
“Fight Back: How States Can Counter Authoritarianism” Series
A series exploring the powers and authorities state and local governments have to check federal overreach and protect democratic norms and individual rights.
Introduction to “Fight Back: How States Can Counter Authoritarianism” Series
State and local governments have constitutional and legal powers that can be harnessed to challenge repressive federal actions and to advance meaningful freedom and equality.
No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine
Numerous federal agencies possess statutory authority to obtain a wide range of sensitive information without advance judicial approval or probable cause of illegal activity.
Counting the Votes in the Supreme Court’s Birthright Citizenship Decision
A close analysis of the Supreme Court Justices' opinions in Trump v. Barbara.
Breaking the Cycle: Transitional Justice in America After Trump
A post-Trump America must finally turn transitional justice tools inward and reckon with failures it has long refused to face if it aims to repair, not simply ignore.
Immigration Habeas Tracker: Government Obstruction, Judicial Trust, and Accountability
A comprehensive study of immigration habeas litigation from the second Trump administration, assessing how courts responded to protect judicial authority and individual rights.
How the Twenty-Fifth Amendment Applies Today
Yale Law School's Peter Gruber Rule of Law Clinic has updated its Reader's Guide to the 25th Amendment to cover Trump and Biden-era developments.
The Presidential Records Act is Constitutional
Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.
The Trump Administration’s Fraud Problem
The Trump administration invokes “fraud” to justify freezing Medicaid, SNAP, and family aid, sidestepping legal safeguards and turning vital programs into political weapons.
The Judicial Reckoning for the Abuse of Presidential Power in Korea
A South Korean judge on how the South Korean judicial system served as a bulwark of democratic resilience in the face of a constitutional crisis.
The Unconstitutionality of the Trump Administration’s New Executive Order on Elections
The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.