constitutional law
86 Articles
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.
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…