constitutional law
86 Articles
The Road to Fairer Congressional Districts Might Start with the States
The route to less racially or politically gerrymandered congressional districts could pass through remapping state legislative districts.
Montana is Trying to Ban TikTok. What Does the First Amendment Have to Say?
The current debate's failure to engage a complex reality serves neither the interests of national security nor freedom of expression.
Fox News’ Recent Setback Against Dominion Is a Major Victory for the First Amendment
A jury finding Fox News liable for defamation would be both a fair outcome and a victory for democracy and the First Amendment.
Why the European Commission’s Proposal for Russian State Asset Seizure Should be Abandoned
Seizure of Russian assets poses risks to the possibility, legitimacy, and international acceptance of an ultimate post-conflict settlement.
Just Security Podcast: Promoting Diversity in the U.S. Military
To discuss the military’s efforts to increase diversity, and what it means for national security, we have Bishop Garrison and Heidi Urben.
A Presidential Appeal to the US and the EU for Bosnia’s Democratization
Željko Komšić, a member of Bosnia's presidency, calls for allies to press for an end to sectarianism rather than reinforcing it.
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.