constitutional law
71 Articles
No Indispensable Man: The Democratic Foundation of the 22nd Amendment
To violate the 22nd Amendment would be to discard the wisdom of those who sought to preserve U.S. democracy against the last rising tide of authoritarianism.
The Assault on Law School Clinics is an Attack on Democracy Itself
Americans are witnessing a concerted effort to delegitimize legal defense for marginalized or politically disfavored people.
The (Flimsy) Legal Arguments Used to Justify Art Censorship
Liability fears are increasingly weaponized to justify removal of socially engaged art. Treating display as endorsement is legally wrong and culturally corrosive censorship.
The “Presumption of Regularity” in Trump Administration Litigation
A comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument
Analysis of birthright citizenship statutory arguments now before the Supreme Court.
Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.
The U.S. Attack on Iran Was Unconstitutional
Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.
AI Governance Needs Federalism, Not a Federally Imposed Moratorium
Congress should reject the proposed “AI preemption moratorium.” It is bad policy and is likely unconstitutional under the Tenth Amendment.
The Just Security Podcast: Discussion of Stephen Miller Remarks on Suspension of Habeas Corpus & Path Ahead
An assessment of Stephen Miller's recent remarks on the suspension of habeas corpus and the path ahead for courts and members of Congress.
The New “National Defense Area” at the Southern Border: What You Need to Know
NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
No, the President Cannot Issue Bills of Attainder
Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.