constitutional law
101 Articles

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.

The “Presumption of Regularity” in Trump Administration Litigation (4th edition)
The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present

The Deeper Problem with ICE’s Arrest Warrants
DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.

ICE Administrative Warrants and the Fourth Amendment: A Response to the DHS General Counsel
DHS says ICE agents can enter homes to arrest noncitizens using administrative warrants, without judicial oversight. DHS's position has no legal basis.

The Spirit of Liberty—Horace E. Read Memorial Lecture
Finding the spirit of liberty in the United States requires looking beyond the leadership of elite institutions. Among ordinary citizens, there’s no scarcity of civic courage.

No Indispensable Man: The Democratic Foundation of the 22nd Amendment
To violate the 22nd Amendment would be to discard the wisdom of those who sought to preserve U.S. democracy against the last rising tide of authoritarianism.

The Assault on Law School Clinics is an Attack on Democracy Itself
Americans are witnessing a concerted effort to delegitimize legal defense for marginalized or politically disfavored people.

The (Flimsy) Legal Arguments Used to Justify Art Censorship
Liability fears are increasingly weaponized to justify removal of socially engaged art. Treating display as endorsement is legally wrong and culturally corrosive censorship.

Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument
Analysis of birthright citizenship statutory arguments now before the Supreme Court.

Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.