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Current political circumstances are a modern-day analogue to the Framers’ concerns about tyranny. ... New gerrymanders could easily give control of the House of Representatives to Republicans despite a majority of voters preferring Democrats. But there are plenty of other ways that anti-democratic practices in one state can have spillover effects in others and, as we are increasingly seeing, can help erode our national cohesion.

“Most presidents have not conceded that it’s constitutional, and there are a number of scholars, including myself, who think that there are some constitutional problems with the War Powers Resolution,” says Raff Donelson, professor of law and philosophy at Chicago-Kent College of Law. "Most presidents, despite those qualms, have attempted to follow the framework that it sets up.”

“The main concern is not that you’re intentionally discriminating by setting parameters in the algorithm based on the training data,” said Jason R. Bent, law professor at Chicago-Kent College of Law. “It’s that it is going to reproduce, based on the training data, some existing biases or existing disparate outcome.”