constitutional law
68 Articles
How the Pentagon Personnel Firings Threaten Our Apolitical Military
This unprecedented purge of the nation’s top brass suggests that Trump may attempt to fill these roles with officers he perceives as loyal.
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.
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
European Court Intervention by Bosnia’s International High Representative Risks Limiting the Country’s Potential
Following his recommendation would secure the grip of ethnonationalists and those responsible for the “fragile” conditions he laments.
The Threat from Unlawful Private Militias Has Evolved. The Federal Government’s Response Must Evolve Too.
Federal legislation, like the Preventing Private Paramilitary Activity Act, offers a pathway to disrupt unlawful militia activity while safeguarding constitutional rights.
The Essential Role of ‘Civic Space’ in Safeguarding Electoral Integrity: How a Decision in Africa Can Reverberate
The landmark African Union case over an Ethiopian election provides a roadmap for safeguarding democracy in the face of authoritarianism.
Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…
How ‘Economic Security’ is Re-shaping Presidential Power
Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.
The Supreme Court Seemed to Punt on Social Media and the First Amendment. It Actually Protected Content Moderation.
The NetChoice ruling points to increased oversight by using narrow disclosure laws to shed light on how social media companies operate.
The Just Security Podcast: Presidential Immunity After Trump v. United States
Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.
Trump’s Prosecutions Depend on Whether the Dissent Got It Right
Justice Sonia Sotomayor wrote that the Supreme Court's majority granted “former President Trump all the immunity he asked for and more.”