Rule of Law
827 Articles

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.

A Sentence in Damascus and An Accused in Moscow: The Limits of Syria’s First Attempt at Accountability
Bashar Al-Assad's in absentia conviction represents a milestone in Syria's justice system, but the trial was plagued by glaring problems.

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.

Sword of the People: The Power of Grand Juries to Investigate Administration Corruption
The untold power of regular grand juries and special grand juries to independently conduct investigations and issue reports when federal prosecutors won't.

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.

Introduction to “Fight Back: How States Can Counter Authoritarianism” Series
State and local governments have constitutional and legal powers that can be harnessed to challenge repressive federal actions and to advance meaningful freedom and equality.

No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine
Numerous federal agencies possess statutory authority to obtain a wide range of sensitive information without advance judicial approval or probable cause of illegal activity.

Four Things State and Local Prosecutors Can Do to Combat Federal Corruption
State attorneys general and local district attorneys can take action to uphold the rule of law in the face of unlawful federal actions.

Reinvention Blueprint No. 2: Democracy Works When Government Works
America’s civil service, built for a bygone era, urgently needs bold, comprehensive reform to build a government capable of delivering for the 21st century.

The U.S. and the EU Must Wake Up to Threats in Georgia
Georgian Dream is crushing Georgia's civil society, courts, and opposition to entrench one-party rule and Russian influence; only targeted U.S. and EU sanctions can stop it.

No, Trump Can’t Withhold Anti-Terrorism Funds to Pressure States to Change Their Election Rules
The attempt to condition states' counterterrorism funding on changes to election rules is unlawful and likely to be challenged in court.