constitutional law
68 Articles
Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory
Unpacking the Supreme Court’s oral argument in Moore v. Harper – implications for democracy if the Justices arrive at a compromise position on the “Independent State Legislature”…
As Moore v. Harper Takes Shape, a Broad Coalition Takes Aim at the Independent State Legislature Theory
"In this hugely consequential case, in a highly polarized environment, experts of all stripes and partisan affiliations have now weighed in with roughly the same answer: Giving…
US Reinvests in Ethnic Oligarchy in Bosnia, Abandoning Support for Integration
President Biden and Secretary of State Blinken, together with allies, should rethink Western Balkans policy based on first principles.
As Haiti’s Henry Refuses Checks on Power, the US Should Aid Efforts to Build True Democracy
The Montana Accord would establish an inclusive transitional government that can rebuild damaged institutions and inspire Haitians’ trust.
Rebooting Bosnia’s Constitutional Reform Process
A recent election law debacle calls for a major rethink of Western policy in Bosnia, rooted in genuine democratic principles.
Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform
An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.
The Biden Administration’s Options for Responding to Abbott’s Unconstitutional Border Enforcement Executive Order
The Texas governor has invoked war powers to respond to migrant arrivals at the border - potentially usurping federal prerogatives.
The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists
With grant of cert in Moore v. Harper, the Supreme Court has teed up question of the independent state legislature theory, which "would have sweeping and dangerous implications…
Tunisia’s Democratic Backsliding and Economic Woes Illustrate the Limits of Transition
Transitional justice mechanisms confronted bad timing, political infighting, and demands for structural changes that drove the revolution.
A Transitional Period Constitutional Question in Sudan
Sudan's military derailed a transition to civilian control in October. The former Minister of Justice takes a deep dive into the legal ambiguity in key founding documents that…
EU-US Plan for Bosnia Risks Undermining New Sanctions and Bolstering Putin
Electoral deal also offers state land and backtracks on genocide denial, threatening territorial integrity, justice, and peace.
Sudan’s Constitutional Crisis: Dissecting the Coup Declaration
Suspending certain articles while retaining parts of the transitional deal cloaks a unilateral power-grab as merely a course correction.