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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4,757 Articles
A person guides a boat through a Cham Muslim village on the waters of the Mekong River. Small buildings float on the water.

Why Religious Persecution Justifies U.S. Legislation on Crimes Against Humanity

Such a law would strengthen the prospect of the US one day seriously considering ratification of a proposed treaty.
A protester holds a placard reading "Parasites! Your Host Is Dying!" during a demonstration in front of the Bosnian government building in the centre of Sarajevo, on April 6, 2021.

Human Rights Plaintiff: US-EU Election Plan for Bosnia Rewards Nationalist Agendas

A politically expedient "fix" would sideline citizens, including those who fought to open the system via the European Court of Human Rights.
Flanked by Secretary of State Antony Blinken and Secretary of Homeland Security Alejandro Mayorkas, U.S. President Joe Biden attends a virtual meeting with Mexican President Andrés Manuel López Obrador in the Roosevelt Room of the White House on March 1, 2021 in Washington, DC.

How an Internal State Department Memo Exposes “Title 42” Expulsions of Refugees as Violations of Law

Before leaving his post as Senior Legal Advisor to the State Department, Harold Hongju Koh penned a strongly-worded criticism of President Biden’s pandemic border policy and…
Trucks carry troops along a dirt road. They carry guns.

Failure to Warn: War Powers Reporting and the “War on Terror” in Africa

How prior administrations failed to tell Congress about special forces engaged in combat operations in Cameroon, Niger, Somalia, Tunisia, and what it means for War Powers and AUMF…
The outside relief at the National Archives in Washington DC.

Modern History of Disclosure of Presidential Records: On the Boundaries of “Executive Privilege”

A detailed account of instances of past administrations' disclosing presidential records, including those of former presidents, to Congress.
US Secretary of State Antony Blinken meets with Egypt's President Abdel Fattah al-Sisi at the Heliopolis Presidential Palace on May 26, 2021.

Don’t Be a Goldfish: Human Rights and U.S. Military Financing for Egypt

Successive US administrations have waived conditions on Egypt aid, seemingly forgetting in each case the dismal results of past waivers.
A person with a dog walks in the snow near the DEW line (Defensive Early Warning Line) station near Kaktovik, Alaska, once part of an early warning radar system established by the US military to watch for nuclear bombers and missiles coming in from the Soviet Union.

The Role of Nuclear Weapons: Why Biden Should Declare a Policy of No First Use

With the administration preparing its Nuclear Posture Review, such a declaration would significantly reduce the risks of nuclear war.
US Secretary of State Antony Blinken meets with Afghan all-female robotics team members at Qatar's Education City Club House in Doha on September 7, 2021.

The Last Days in Afghanistan Should Not Deter Biden from Looking Beyond the 9/11 Paradigm

It's time to get off this loop. But ending “endless wars” should not be equated with simplistic solutions.
U.S. dollar and Afghan banknotes in a pile.

Reassessing Counter Terrorism Financing in a Taliban-Controlled Afghanistan

The Taliban’s rapid takeover of Afghanistan set back decades-long efforts to integrate Afghanistan into the international community. Nowhere is this more apparent than on anti-money…
The White House lawn on a sunny day with the White House in the background.

The Executive Branch Needs Intelligence Oversight Reform

The PIOB and PCLOB should be combined into a single White House civil liberties and compliance office, with an expanded mission.
A Taliban fighter leaves a building inside an US army camp at the airport in Kabul on September 14, 2021.

Restraint and Values in American Strategy

The necessary post-Afghanistan debate is heating up, and it should be informed by history’s lessons and enduring American values.
Demonstrators, including Reverend Jesse Jackson, rally in protest calling on US President Barack Obama to end the "War on Drugs." They carry a banner reading, “Day of Direct Action; President Obama and the Nations…End the War on Drugs and Mass incarceration; Invest in America’s ‘Dark Ghettos’”

With America Out of a Major Foreign War, Time to End One at Home

Many of the tragedies and sins associated with failure in the war in Afghanistan could equally apply to the "war on drugs.”
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