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.
4,757 Articles
Hypothetical Legal Review of Narcotrafficking Strikes
A mock “operational legal review” depicting what a staff judge advocate’s advice should have been prior to the first reported strike on an alleged drug trafficking vessel.
The International Law Obligation of States to Stop Intelligence Support for U.S. Boat Strikes
The only way States can avoid complicity in “arbitrary killings” under international human rights law is to refrain from sharing intelligence that, in part, enables them.
The Just Security Podcast: Examining the Trump Administration’s New Antifa Designations
Tom Joscelyn talks with former DOJ counsel Tom Brzozowski about new Antifa designations, their civil liberties impact, and changing limits on speech and association.
The Political Theater Behind Trump’s “Guns-a-Blazing” Nigeria Threat
Trump’s threat of military intervention in Nigeria may be intended more for domestic audiences and wouldn't address the drivers of the country's conflict.
Defending ‘Sanctuary’ Principles During the Chicago Crackdown
Local governments must exercise their constitutional power to cut off cooperation with federal authorities that undermine residents' rights.
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?
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.
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.
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.
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.