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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4,605 Articles
Trump claps his hands at the Republican presidential nomination as son-in-law and senior advisor Jared Kushner and children Eric and Ivanka Trump look on the South Lawn of the White House August 27, 2020 in Washington, DC. None of them wear face masks.

The Constitutionality of Non-Specific Pardons

What the Framers' understanding and subsequent presidential practice tell us.
Women wait with children in a ward at a malnourishment treatment centre in Yemen's northern Hajjah province on November 22, 2020. The beds the children lie in are covered in netting, and the walkways between beds are very small since the beds are crowded together.

Biden Must Stick to His Pledge to End US Support for the Yemen War

The war in Yemen is a global mark of shame, and the resulting humanitarian disaster threatens the lives of 24 million people.
U.S. Army (retired) General Lloyd Austin speaks after being formally nominated to be Secretary of the Department of Defense by U.S. President-elect Joe Biden at the Queen Theatre on December 09, 2020 in Wilmington, Delaware. Behind him is a banner with the seal of the President-Elect.

Representation at the Top: The Importance of Race in the Austin Nomination Debate

The pushback against retired Gen. Lloyd Austin’s nomination as secretary of defense has left little room to celebrate what is also a milestone for Black Americans in and out…
French President Emmanuel Macron speaks with European Commission President Ursula von der Leyen as Hungary's Prime Minister Viktor Orban speaks with Poland's Prime Minister Mateusz Morawiecki during a round table meeting during an EU summit at the European Council building in Brussels, on December 10, 2020. They stand talking, not actually sitting at the table. They all wear face masks. Behind them a wall is covered with a banner reading “European Council.”

Polish Government’s Attacks on Rule of Law Violate Not Only EU Norms but International Law

The repeated violations of fundamental rights and principles corrode the very foundations of the democracy Poland fought so hard to win.
Trump claps his hands at the Republican presidential nomination as son-in-law and senior advisor Jared Kushner and children Eric and Ivanka Trump look on the South Lawn of the White House August 27, 2020 in Washington, DC. None of them wear face masks.

We Can’t “Look Forward” on the Trump Administration’s Abuses

When President-elect Joe Biden takes office in January, he will confront a national economic crisis and a still out-of-control pandemic. He will also face questions about how to…
The cap of the United States Capitol Building

The Failed Transparency Regime for Executive Agreements

This article is cross-posted at Lawfare.   In late October, the United States and Sudan reportedly signed a bilateral agreement “to resolve claims arising from the 1998…
Ethiopian refugee grade four pupils who fled the Tigray conflict attend class at a makeshift classroom set by the Norwegian Refugee Council (NRC) at Um Raquba refugee camp in Gedaref, eastern Sudan, on December 7, 2020. One child squats on the ground surrounded by shoes while the others sit on a blanket. The children hold books and papers in their laps.

Protecting Ethiopian Refugees — and Averting the Next Crisis

Refugee crises often seem to emerge out of nowhere. All of a sudden, people are streaming across borders, making the excruciating choice that is no choice at all: to flee home…
Police shoot tear gas at demonstrators protesting police brutality and the murder of George Floyd. Protestors run in a panic to escape the tear gas outside St. John's Episcopal Church outside the White House. The police wear full riot gear including helmets, face shields, body shields, batons and masks. June 1, 2020 Washington DC

Revitalizing US Democracy Starts with Repairing the Right to Peaceful Assembly

Five actions the Biden administration can take to better protect the right to peaceful assembly.
Silhouettes of Patrick Zaki, an Egyptian postgraduate student at the University of Bologna, Italy, who has been detained in Egypt since February 7, 2020, sit on every chair placed in the Aula Magna of the University Library of Bologna. The silhouettes are drawn by the artist Gianluca Costantini in action to demand the immediate release of Patrick. July 16, 2020

Biden’s Global Priority No. 1: Turn the Authoritarian Tide

Any other challenge will be exponentially harder to address as long as authoritarian leaders and the militarized systems that support them have free rein.
Tedros Adhanom Ghebreyesus, Director-General of the World Health Organization (WHO), holds a virtual briefing on the COVID-19 pandemic. His briefing is viewed on an iPad, and a separate computer screen behind the iPad shows a 3-D rendering of the coronavirus with the words, “Coronavirus (COVID-19)”

COVID-19 and International Law Series: WHO’s Pandemic Response and the International Health Regulations

[Editor’s Note: This article is part of a Just Security series, COVID and International Law. All articles in the series can be found here.] International law has long regulated…
The White House, Washington, D.C.

Addressing Our Whole-of-Government Deficit in National Security

From Russ Travers who retired in July 2020 after a 42-year career in the Intelligence Community, having served in senior positions across multiple intelligence organizations --…
Supreme Court Building

Supreme Court Preview: Collins v. Mnuchin and the Expanding ‘Unitary Executive’ Theory

The consequences for the federal government of an expanded unitary executive theory would be significant: high turnover, low competence, and less expertise, all of which serve…
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