Secured a nationwide injunction blocking border wall construction without congressional approval and helped enact power of the purse legislation to ensure future presidents cannot circumvent Congress.
Defending the Rule of Law
Our Work
In the 21st Century, democracies tend to die by the erosion of democratic norms and guardrails rather than at the barrel of a gun.
Would-be authoritarians often abuse their power, using it to eliminate checks and balances, quash dissent, target already marginalized communities, and deepen political divisions.
The Constitution and the laws we have built around it provide tools to constrain authoritarian behavior. But many of the norms and guardrails that help define our democracy are not written into law and are not self-enforcing. Together these restraints must be exercised (and strengthened) to prevent government officials from abusing their power and to ensure the law applies equally to everyone, from the most powerful to the least.
- Uphold the principle that nobody is above the law.
- Ensure accountability for those who have attacked or undermined our democracy — regardless of their political standing.
- Ensure meaningful checks and balances on executive power.
- Stop abuses that target marginalized groups and their ability to participate in democracy.
- Protect the ability of the public and the press to voice dissenting views.
- Protect independent, non-politicized law enforcement and civil servant workforces.
Helped prevent a sitting president from politicizing the Department of Justice to interfere in an election, in part through a multi-year campaign organizing thousands of Department of Justice alumni.
Impact in the News
Congressional Testimony: How to Strengthen Congressional Oversight Capacity Congressional Testimony:
Trump Prosecutions and the Rule of Law
It is crucial that the American public understand the charges against Trump and why it all matters.
November 7, 2023
National Security Leaders Weigh in on Unconventional Domestic National Guard Deployments in 2024
On April 29, Count Every Hero convened retired high-ranking military officials and former senior defense officials to discuss the recent surge in state directed National Guard deployments.
April 30, 2024
Checking the Pardon Power: Areas of Abuse
To determine whether a president abuses the pardon power requires assessing whether a pardon violates constitutional provisions or principles and thus upsets the constitutional order.
April 11, 2024
Checking the Pardon Power: Preventing & Responding to Abuse
As with any abuses of executive power, each branch of government must protect the Constitution against abusive exercises of the pardon power.
April 11, 2024
Checking the Pardon Power
This paper reviews an array of limitations on the presidential pardon power.
April 11, 2024
Protect Democracy Launches New Guide on Elections & the Trump Prosecutions
In a new guide our team analyzed the relevant law, history, government policies to assemble a framework for assessing the propriety and timing of criminal trials in relation to elections.
April 3, 2024
Prosecuting Political Leaders During an Election
A framework for understanding when it’s appropriate to prosecute a candidate for public office
April 3, 2024
The presidential pardon power, explained
Presidential pardons are subject to various constitutional constraints.
March 18, 2024
The interesting history and opportunity of Biden’s evolution on war powers
The Yemen strikes show a need for Congress to reassert its role in war making and reestablish the balance the Founders envisioned.
March 5, 2024
Federal Appeals Court Rules for Free Speech & Free Enterprise, Rejecting Florida Law Censoring Private Companies’ Speech on Race and Gender
In a major victory for free speech in the workplace, a federal appeals court affirmed the injunction against the employer provisions of HB 7.
March 4, 2024
Why protecting school libraries can help protect our democracy
If successful, efforts to remove books based on viewpoint will grant government the power to warp and undermine the very democracy it was meant to serve.
January 18, 2024