Constitutional Law & the Courts
Defending the Constitution, the separation of powers, and the confirmation of principled judges who apply the law as written.
Advancing American Freedom on Constitutional Law & the Courts: 24 policy memos, 49 op-eds, 25 press releases, 35 legal filings.
Featured research
- The GRANITE Act, John Peluso, October 26, 2026. H.R. 10174, The Guaranteeing Rights Against Novel International Tyranny and Extortion (GRANITE) Act is a necessary step for the protection of First Amendment rights on the internet.
- The Hyde Amendment at 50, Thomas Jipping and Rachel Greszler, September 30, 2026. The Hyde Amendment has saved an estimated 2,646,474 lives, roughly equal to the entire U.S. population at the founding in 1776.
AAF experts on Constitutional Law & the Courts
Policy memos on Constitutional Law & the Courts
- The GRANITE Act (October 26, 2026). H.R. 10174, The Guaranteeing Rights Against Novel International Tyranny and Extortion (GRANITE) Act is a necessary step for the protection of First Amendment rights on the internet.
- The Hyde Amendment at 50 (September 30, 2026). The Hyde Amendment has saved an estimated 2,646,474 lives, roughly equal to the entire U.S. population at the founding in 1776.
- DSA’s Push for Alien Voting Rights (September 28, 2026). The DSA promise to extend full voting rights to aliens would disenfranchise American citizens. The Constitution protects the life, liberty and property of our people.
- DSA: Adios Senate, President, and Supreme Court (September 28, 2026). The DSA platform calls for abolishing the U.S. Senate and replacing the President and Supreme Court with an “executive and judiciary subordinate to Congress.”
- No Federal Agency has Authority to Interfere with State Qualifications for Elections—Supreme Court Should Uphold Citizenship and Information Verification Requirements (September 23, 2026). Under the Qualifications Clauses of the U.S. Constitution, states determine who is eligible to vote in federal elections.
- Reassert Congressional Power Over Tariffs (September 17, 2026). Congress should reclaim its exclusive constitutional authority over tariffs from the executive branch.
- Congressional Oversight of Regulatory State (September 17, 2026). Congress should reclaim its full, rightful constitutional authority to legislate by requiring that major federal rules receive congressional approval.
- Judicial Checks on the Regulatory State (September 17, 2026). Congress should codify and expand on the recent changes to judicial review made in Loper Bright Enterprises v. Raimondo that clarified that courts need not give deference to federal agencies’ interpretations of ambiguous statutes.
- Federal Policy Responses to the Supreme Court's Birthright Citizenship Decision (August 25, 2026). The Supreme Court's decision in Trump v. Barbara misinterprets the Fourteenth Amendment, preserving an ahistorical and increasingly problematic status quo on birthright citizenship. It should be constitutionally or jurisprudentially undone.
- Basic Balance: A Desperate Attempt to Use an Old Statistic to Impose New Tariffs (August 21, 2026). The Trump Administration is attempting to use “basic balance” in court to retroactively defend the unlawful imposition of Sec. 122 tariffs. Their use of this figure has six major issues that are highlighted below.
- The Declaration and Judicial Independence (June 11, 2026). The Declaration of Independence provides critical foundations for understanding judicial independence in the American system.
- Parental Rights and Abortion After Dobbs (May 15, 2026). The Supreme Court has long recognized parents’ fundamental constitutional right to direct their children’s upbringing.
- Zeroing Out Firearm and Suppressor Tax (April 11, 2026). The One Big Beautiful Bill (OBBB) zeroes out the cost of constitutionally suspect taxes imposed by the National Firearms Act (NFA) on the registration or transfer of suppressors, short-barrel rifles, and short-barrel shotguns.
- Reducing Spending Growth While Funding Defense, Homeland (April 11, 2026). The One Big Beautiful Bill (OBBB) reduced the projected growth of federal spending and cut corporate subsidies in the tax code. At the same time, it increased funding for the military, homeland security, and the judiciary.
- Untangling the Tariff Refund Mess (April 9, 2026). On February 20, 2026, the Supreme Court held in Learning Resources, Inc. v. Trump that the tariffs imposed by the administration under the International Emergency Economic Powers Act of 1977 (IEEPA) were unlawful.
- Is the White House Preparing $438 Billion in New Tariffs? (March 24, 2026). The Trump administration recently announced new tariff investigations on 16 countries and the European Union. If these investigations replicate the tariffs struck down by the Supreme Court, it will result in a $438 billion annual tax hike.
- Political Appointments Memo 3/6/2026 (March 6, 2026). Article II of the Constitution gives the President authority to nominate and, with Senate consent, to appoint “Officers of the United States.”
- Judicial Appointments Memo 3/6/2026 (March 6, 2026). Article III of the Constitution created the Supreme Court and gives Congress authority to create “inferior” courts with judges who serve “during good Behaviour.”
- AAF Senior Legal Fellow Amy Swearer Minnesota Legislature Gun Ban Testimony (February 24, 2026)
- NRSC v. FEC Report (February 20, 2026)
- Supreme Court to Hear Cases on Girls’ Sports (September 23, 2025). The Supreme Court will hear two cases this term in which state laws protecting girls’ and women’s sports have been challenged. The numbers make clear that males should not be competing in female sports.
- AAF Major Tariff Relief Memo (May 29, 2025)
- AAF: SCOTUS Must Force the Sale of TikTok (January 9, 2025)
- AAF Endorses Pro-Life, Anti-Woke, & Anti-CCP Amendments in NDAA (July 13, 2023). July 13, 2023 The NDAA presents an opportunity for Republicans to enact legislation that will enhance our armed forces, strengthen our national defense, and promote peace at home and abroad.
