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.

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4,604 Articles
Nehemiah Frank holds his cousin David McIntye II as they stand in front of a mural depicting the violence of the Tulsa massacre and teaches him the history of the attack in the Greenwood district, on May 28, 2021 in Tulsa, Oklahoma.

Reckoning with State-Sanctioned Racial Violence: Lessons from the Tulsa Race Massacre

Top legal scholar outlines five "features of what a capacious commitment to democratic repair in the wake of state violence might mean" for Tulsa.
Asylum seekers from El Salvador and Honduras sit outside the El Chaparral border crossing on February 19, 2021 in Tijuana, Mexico. They wear face masks with the exception of the toddler, who appears to be too young for a face mask.

Asylum and the Three Little Words that Can Spell Life or Death

The U.S. Board of Immigration Appeals defines “particular social group” in a way that practically ensures the denial of asylum claims, especially for Central Americans. The…
Silhouettes of ROTC cadets against a clear blue sky with clouds.

What Do Future U.S. Generals Think About Dissent, Disobedience, and Resignation?

Survey research suggests respect for civilian-control appears to be the exception, not the norm, among a significant portion of the senior military officers who participated.
The old courtroom building, pictured through an opening from inside an airplane hangar used for media activities at Camp Justice, site of the US war crimes tribunal compound at Guantanamo Bay US Naval Base, Cuba, April 9, 2014. A guard stands at the opening of the hanger.

Torture Evidence and the Guantanamo Military Commissions

Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…
Tear gas fired by the police covers a street at Tsuen Wan in Hong Kong on August 25, 2019 during a demonstration for democratic rights. A traffic cone and bricks lie in the street.

Clearing the Fog of War Surrounding Battlefield Use of Tear Gas

The United States takes the (minority) view that international law does not prohibit the defensive use of tear gas in war - and that this could protect civilians - but the risks…
Trump supporters clash with police and security forces as people try to storm the US Capitol on January 6, 2021 in Washington, DC. The insurrectionists wear riot gear as do the police. One insurrectionist raises a police baton attacking the police.

The Next Best Option if a January 6 Commission Fails

"On balance, a House select committee is not the optimal vehicle to investigate the January 6 insurrection.... but it might be the best one available." How this path could be made…
Afghan cyclist Kobra Samim talks with a young girl by a roadside in Kabul on April 14, 2019.

A Laser Focus on Women’s Rights Is Key to Sustainable Afghan Peace

Support Afghan women in peace talks, and analyze every plank of a proposed agreement for its impact on women and men, girls and boys.
Retail Specialist 3rd Class Fangfang Wen, originally from China, and Retail Specialist 3rd Class Chloe Nichole Luz Rodriguez, originally from the Philippines, recite the Oath of Allegiance aboard USS Mustin (DDG 89) during a United States Citizenship and Immigration Services (USCIS) naturalization ceremony. The event was the first naturalization ceremony held onboard an active U.S. Navy ship during the COVID-19 pandemic. They wear face masks and three other people wearing face masks and uniforms stand behind them.

Biden Must Honor Pledge to Immigrant Troops: Rescind Trump Policy Blocking Path to Citizenship

Over 100 days into his administration, President Joe Biden has yet to act on a Trump administration policy denying thousands of immigrants serving in the U.S. military the path…
Temel Atacocugu wipes tears with a tissue as he speaks on behalf of the injured during the National Remembrance Service at Christchurch Arena on March 13, 2021 in Christchurch, New Zealand. Another person stands nearby with a hand on his shoulder in a comforting manner.

On Christchurch Call Anniversary, a Step Closer to Eradicating Terrorism Online?

Governments, including now the US, and companies take stock on the second anniversary of the New Zealand mosque shootings.
H.E. Mr Fazal Ahmad Manawi Minister of Justice of the Islamic Republic of Afghanistan, Mrs Fatou Bensouda, Prosecutor of the ICC, and H.E. Mr Mohammad Haneef Atmar, Minister of Foreign Affairs stand together for a photo at the Seat of the Court in The Hague, The Netherlands, on Friday, 7 May 2021. An ICC banner and flag stand behind them.

The US Should Respect the ICC’s Founding Mandate

An American Society of International Law task force recommends ways to improve the Court, but some of the advice seems to undermine the goal.
Members of the electoral table count votes at a polling station during elections to choose mayors, councilors and a commission to rewrite the constitution in Santiago, on May 16, 2021. They wear face masks as they look through pikes of papers.

Want the Summit for Democracy to Develop Solutions? Include Local Governments

From mayors to governors, they are the face of representative democracy to most citizens, and are responsible for addressing needs with effective policy.
Supreme Court Building

Folly at the Supreme Court: Choosing Between Competing Originalist Claims

Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…
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