constitutional law

Congress should reject the proposed “AI preemption moratorium.” It is bad policy and is likely unconstitutional under the Tenth Amendment.

An assessment of Stephen Miller's recent remarks on the suspension of habeas corpus and the path ahead for courts and members of Congress.

NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.

Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.

Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.

The REINS Act would hamper agencies’ ability to carry out their statutory duties and protect the public.

There is no modern precedent for sending U.S. citizens who are convicted of crimes to other countries for punishment. Doing so is a crime.

A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.

This unprecedented purge of the nation’s top brass suggests that Trump may attempt to fill these roles with officers he perceives as loyal.

The president is wrong about what an invasion is—and what powers it triggers.

Expert Backgrounder on how civil service laws do or do not protect DOJ and FBI officials from retaliation.

Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction