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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Military police in full riot gear are pictured near Lafayette Park ahead of President Trump's trip to St. John's Church in Washington DC on June 1, 2020, where protesters were tear gassed.

Wrestling with Legal and Illegal Orders in the Military in the Months Ahead

Given what we’ve witnessed over the last few months, armed forces should critically review their training for both judge advocates and commanders, including the development and…
An Azeri soldier walks near a destroyed vehicle in the city of Jabrayil, where Azeri forces regained control during the fighting with Armenia over the breakaway region of Nagorno-Karabakh on October 16, 2020.

Absence of US Diplomacy on the Armenia-Azerbaijan Conflict Risks a Wider War

If the war were limited to Azerbaijan and Armenia, the world might be forgiven for sitting this out. But Turkey, Russia, Iran and others are in deep, too.
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The President and Immigration Law Series: Presidential Power, Migration Management, and Foreign Affairs

Next in our series on The President and Immigration Law, former CBP commissioner and Assistant Secretary of DHS Alan Bersin argues that borders – traditionally viewed as lines…
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 4: Oversight of the Intelligence Community

Fourth essay in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and the rule of law.
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 3: Investigating a President

Third essay in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, rule of law.
A man walks inside the Apple store in Hong Kong on October 10, 2019.

App Stores as Back-Doors for Government Regulation of End-to-End Encryption

App stores make natural chokepoints for de facto government regulation, without the long and politically expensive process of legislation. But the privacy and security implications…
U.S. Immigration and Customs Enforcement (ICE) detainees board a Swift Air charter flight at McCormick Air Center on February 18, 2020 in Yakima, Washington.

The President and Immigration Law: Restoring Faith in Our Immigration System Through Enforcement Discretion and Reform

In the next installment of our President and Immigration Law series, Tom Jawetz argues that an unnecessarily narrow concept of “enforcement" frames appropriate administrative…
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

The Good Governance Papers: An Introduction

Just Security launches a series of concise essays exploring actionable proposals to restore and promote non-partisan principles of good government, public integrity, and the rule…
Pompeo on a computer screen giving a press conference.

Estrangement Over Engagement: How the Trump Administration is Bucking Bipartisan Human Rights Diplomacy at the UN

The practice of the Trump administration turning its back on rights at the United Nations goes well beyond the Human Rights Council.
Trump supporters and Black Lives Matter protesters confront each other during the vice presidential debate in Salt Lake City, Utah, on October 7, 2020.

Nonviolent Civic Action May Help Defend the Integrity of the Election

Media outlets, protestors, and officials will play essential roles in either exacerbating or alleviating tensions that can lead to violence.
Packages fill the shelves in the Miguel Nieto Department Store on February 1, 2020 in Presidio, Texas. - Ranchers from both sides of the border use the the Miguel Nieto Department Store as a pick up spot for their packages because they live in such remote locations.

The President and Immigration Law Series: The Consequences of the Free Rein of Enforcement on Borderlands Society

Next in our President and Immigration Law series, Josiah Heyman explores how an emphasis on enforcement transforms U.S. borderlands into enforcement zones of maximal executive…
A Christmas nativity scene depicts Jesus, Mary, and Joseph separated and caged, as asylum seekers detained by U.S. Immigration and Customs Enforcement, at Claremont United Methodist Church on December 9, 2019 in Claremont, California.

The President and Immigration Law Series: The Urgent Need to Shrink Immigration Detention

Next in our series on The President and Immigration Law, Margo Schlanger argues that the current immigration detention regime – a co-production of Congress and the executive…
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