constitutional law
62 Articles
The New “National Defense Area” at the Southern Border: What You Need to Know
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.
Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
No, the President Cannot Issue Bills of Attainder
Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.
Why the REINS Act’s Approach to Regulatory Reform Is So Problematic
The REINS Act would hamper agencies’ ability to carry out their statutory duties and protect the public.
The Illegality and Human Rights Violations in El Salvador’s Bizarre Offer to House US Prisoners
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.
Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.
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.