constitutional law

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Servant of the Law: The President as Chief Prosecutor

An examination of the constitutional, legal, and ethical constraints on the president when he exercises his power as chief prosecutor.
A sign marks the location of a polling place as residents vote in the state's primary election on August 11, 2026 in Madison, Wisconsin.

Boots Off Ballots: Troops and Elections, In Practice

Soldiers should always remember that in a democracy, any domestic deployment order given on or around an election is suspect.

The Just Security Podcast: How State and Local Governments Can Fight Back Against Authoritarianism

Erwin Chemerinsky and Aziz Huq discuss the powers that state and local governments can use to serve as a check against authoritarianism and federal overreach.
A ballot box sits ready to be used as Prairie Oak Lodge is used as a polling place on June 2, 2026 in Marion, Iowa.

No Emergency Exception: The Ban on Troops at the Polls Was Built for Crises

Section 592 unmistakably conveys Congress’s intent to bar any kind of military interference in American elections.
U.S. President Donald Trump speaks on stage on the second day of the 2026 Republican National Convention at the American Airlines Center on September 10, 2026 in Dallas, Texas.

Auctioning Democracy: Trump’s Promise of a $5,000 “Dividend”

Trump's pledge to pay $5,000 to every adult U.S. citizen if Republicans retain control of Congress could violate federal criminal law.
An official ballot drop box in front of the Washington Park Library.

Boots Off Ballots: The Law

Federal law and the Constitution are abundantly clear: efforts to involve troops in U.S. elections are anti-constitutional and illegal.
An empty judge's bench in a wood-paneled courtroom, with an American flag and a gold Great Seal of the United States mounted on the wall. Court-branded computer monitors are in the foreground.

State Attorneys General Can Enforce Federal Laws the Executive Branch Won’t

To combat executive non-enforcement, state attorneys general are using antitrust law to hold corporations accountable.
A wooden judge's gavel rests on a copy of the U.S. Constitution, with the opening words 'We the People' visible, set against a folded American flag.

“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.
Minnesota Governor Tim Walz gestures while speaking in front of a podium, with a blurred figure of a woman visible behind him and a small orange origami rabbit resting on top of the podium.

Governors and State Administration

Gubernatorial opposition is a powerful and often necessary component of meaningful state pushback against federal overreach.
The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.

What OLC’s Latest Opinion Means for Congressional Oversight of the Private Sector

Unpacking the Office of Legal Counsel opinion concluding that executive privilege may apply to presidential communications with private advisers.
Chicago Mayor Brandon Johnson holds a white "Protecting Chicago" sign that reads "Private Area, No Trespassing — You Do Not Have Consent To Enter For Civil Immigration Enforcement Purposes," with Chicago.gov/Protect and 12th Ward Alderwoman Julia Ramirez's contact information listed at the bottom.

Cities as Nodes of Resistance

Over 175 years later, cities’ historic role as hubs of resistance takes on renewed resonance in today’s era of rising authoritarianism in the United States.
Close-up view of the California State Capitol dome in Sacramento, featuring allegorical sculptures beneath a row of Corinthian columns.

State Imperatives to Protect Civil Rights for All

States need independent agencies with jurisdiction to enforce their residents’ rights so the valuation of those rights are evenhanded and not subject to political will.
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