Executive Branch
Just Security’s expert authors provide analysis of the U.S. executive branch related to national security, rights, and the rule of law. Analysis and informational resources focus on the executive branch’s powers and their limits, and the actions of the president, administrative agencies, and federal officials.
Highlights:
Litigation Tracker: Legal Challenges to Trump Administration Actions
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.
Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
U.S. Saber Rattling and Venezuela: Lawful Show of Force or Unlawful Threat of Force?
Clearly, U.S. actions are threatening to Venezuela. But do they amount to an unlawful threat under international law, or are they merely a lawful show of force?
Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes
The administration's legal argument is both "incorrect and dangerous," writes Finucane.
Collection: U.S. Lethal Strikes on Suspected Drug Traffickers
Collection of expert analysis on the legality of the U.S. strike on Venezuelan vessels in the Caribbean, the consequences of the strike, and related issues.
Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday
Expert backgrounder on how War Powers Resolution works in application to U.S. military operations against suspected drug cartels.
4,598 Articles
The Use of Tariffs to Raise Revenue is a Choice for Congress, not the President
Congress did not write IEEPA to allow a President to replace the income tax system with a patchwork of tariffs that they can impose, adjust, or suspend at will.
Will the Intelligence Committees Meet the Challenge of CIA Covert Action in Venezuela?
U.S. law provides the congressional Intelligence Committees with tools to evaluate covert action programs and spur potential legislative action.
The $550 Billion Shadow Budget: Trump’s Japan Deal and the Disappearing Appropriations Clause
The deal circumvents the Appropriations Clause and congressional safeguards designed to enforce it, creating a system answerable only to the White House.
Irreconcilable Presidential Determinations: On Tren de Aragua and the Venezuelan Government
The two determinations are mutually exclusive; it is legally impossible to maintain both simultaneously.
The Anti-Corruption Tracker: Mapping the Erosion of Oversight and Accountability
This Anti-Corruption Tracker focuses on the erosion or dismantling of oversight and accountability systems within the United States Executive Branch.
The Supreme Court: the Last Defense Against Trump’s Military Police State
The Supreme Court must not shirk its obligation to ensure that presidents cannot conscript the military in an effort to undermine democracy.
The Caribbean Strikes and the Collapse of Legal Oversight in U.S. Military Operations
Congress and the public must do more to address the dangerous pressures imposed on servicemembers and defend the guardrails that protect both U.S. forces and democracy.
The Just Security Podcast: Murder on the High Seas Part III
Tess Bridgeman is joined by Rebecca Ingber and Brian Finucane to assess the latest strikes, the brief detention of two survivors, where the campaign may be headed, and what…
Attacking Drug Cartels in the Territory of Another State
The U.S. operations conducted to date against suspected members of drug cartels stretch the applicable international law rules and their interpretation beyond recognition.
Export Controls and U.S. Trade Policy: Making Sense of the New Terrain
The Trump administration's use of export controls as leverage in trade diplomacy creates risks for key U.S. national security interests.
When Deference is No Longer Due
Reasons for historical deference to the executive branch's judgement in matters of national security and foreign affairs have been severely undermined.
Weaponizing the Espionage Act: What It Means for Whistleblowers, Reporters, and Democracy
How the Trump administration could weaponize the Espionage Act and its chilling effect to control the press and justify suppression.