Democracy
508 Articles

Governors and State Administration
Gubernatorial opposition is a powerful and often necessary component of meaningful state pushback against federal overreach.

“Fight Back: How States Can Counter Authoritarianism” Series
A series exploring the powers and authorities state and local governments have to check federal overreach and protect democratic norms and individual rights.

The Simplest Way for the Supreme Court to Rule in the USPS Mail Ballots Case
Marty Lederman outlines the easiest and most straightforward way for SCOTUS to decide the USPS mail-in ballot case

Cities as Nodes of Resistance
Over 175 years later, cities’ historic role as hubs of resistance takes on renewed resonance in today’s era of rising authoritarianism in the United States.

The Int’l Criminal Court as a “Strategic Weapon”: Legal Deterrence, Cognitive Advantage, and the Future of the Rule of Law
States committed to the rule of law can use the International Criminal Court to maximize the cost of adversaries' military aggression.

State Imperatives to Protect Civil Rights for All
States need independent agencies with jurisdiction to enforce their residents’ rights so the valuation of those rights are evenhanded and not subject to political will.

The Anti-Corruption Tracker: Mapping the Erosion of Oversight and Accountability
This Anti-Corruption Tracker focuses on the erosion or dismantling of oversight and accountability systems within the United States Executive Branch.

Collateral Accountability: The Oldest Check on Federal Lawlessness
As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.

States Can Fight Federal Overreach by Protecting State Data
States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.

Timeline of Boat Strikes and Related Actions
A timeline that chronicles major events in the Trump administration’s campaign of lethal strikes against suspected drug traffickers in the Caribbean and Eastern Pacific.

When the President Does It …
Lessons from Nixon's forgotten essay in defense of his infamous remark.

Commandeering, Coercion, and Executive Power
States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.