constitutional law
68 Articles
Between Legitimacy and Control: The Taliban’s Pursuit of Governmental Status
Recognition of a government involves calculations of both law and politics. What factors will influence States' response to the Taliban?
Folly at the Supreme Court: Choosing Between Competing Originalist Claims
Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…
Purpose, Not Specificity, Limits the Pardon Power: A Rejoinder to Rappaport
'Tis the season for pardons. But must a pardon spell out the crimes to which it applies? The latest in an ongoing conversation between Prof's Bowman and Rappaport on the legality…
Libya: Subnational Governance as a Potential Anchor of Stability
As the Libyan Political Dialogue Forum proceeds, a government structure that genuinely responds to legitimate grievances will be key to sustainable peace.
What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?
Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
Painful Lessons of Stripping Citizenship Can Be Found Across the Globe
The Trump administration’s quest to end “birthright” citizenship is not only unconstitutional and immoral, it defies our history and the lessons that mass citizenship-strippers…
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
Presidential Authority to Conclude an Iran Nuclear Agreement—and the Senate’s Self-Defeating Bill
The prospect of a successful conclusion to the ongoing negotiations with Iran over a nuclear deal promises to generate a debate over fundamental constitutional questions about…