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
Undocumented immigrants sit on the dirt, handcuffed together, as they wait to be transported to a central processing center shortly after crossing the border from Mexico into the United States on Monday, March 26, 2018 in the Rio Grande Valley Sector near McAllen, Texas.

Criminal Prosecutions and Illegal Entry: A Deeper Dive

A look at how laws that criminalize entry and reentry into the U.S. actually work in practice and how they have been used to punish asylum seekers and migrants in violation of…
US Secretary of the Army Mark Esper, nominee to be Secretary of Defense, testifies during a Senate Armed Services Committee confirmation hearing on Capitol Hill in Washington, DC, July 16, 2019.

What Did We Learn About Mark Esper and How He Views the World?

From Iran to Afghanistan to collective self-defense, the big takeaways from the Senate confirmation hearing for Mark Esper, nominated by the president to be defense secretary.…
The US Supreme Court in Washington, DC, on January 22, 2019.

The National Security Delegation Conundrum

The two main opinions in Gundy v. the United States highlight the imbalanced stakes of current constitutional non-delegation doctrine. Those worried about unchecked presidential…
A visitor takes a selfie near a framed tweet by US President Donald Trump at "The Daily Show Presents: The Donald J. Trump Presidential Twitter Library" exhibition in Washington, DC on June 14, 2019. The tweet is from August 6, 2012 and reads, “An ‘extremely credible source’ called my office and told me that @BarackObama’s birth certificate is a fraud.”

The Distorter-in-Chief is Hosting a Summit on Distortion on Social Media

By pushing Russian-planted disinformation and indulging America’s own conspiracy theorists, Trump is doing the opposite of what he claims to be attempting with the White House…

Now is the Time to Repeal the 2002 AUMF

Repealing the 2002 AUMF would take an unnecessary force authorization off the books, ensure it can’t be improperly invoked to drag the U.S. into unauthorized war, and reassert…

Congress Will Ignore Trump’s Foreign Affairs Budget Request. Others Will Not.

President Donald Trump’s proposal to make massive cuts to the Fiscal Year 2020 U.S. foreign affairs budget has not attracted much attention in Washington, reflecting confidence…
Camden County Police Department officer Jose Delvalle, Louis Sanchez and Vidal Riverago out on patrol in Camden, New Jersey, on May 24, 2017.

Policing, U.S. Style: With Little Idea of What Really Works

Until we better analyze police strategies, policies, and technologies, and learn, in a quantifiable way, what works and what doesn’t, we are not truly advancing public safety.…
U.S. Secretary of State Mike Pompeo is joined by commission chair Harvard Professor Mary Ann Glendon while announcing the formation of a commission to redefine human rights, based on “natural law and natural rights”, during a news conference at the Department of State, on July 8, 2019 in Washington, DC.

Trump’s “Unalienable Rights” Commission Likely to Promote Anti-Rights Agenda 

On Monday, we learned who would be serving on the State Department's new "Commission on Unalienable Rights." The track records of the chair and the other members raise even further…
This aerial photo shows solar photovoltaic modules on a hillside in a village in Chuzhou, in eastern China's Anhui province on April 13, 2017.

One Key Instrument to Confront China and Climate Change

The United States has an opportunity to begin tackling both the security and economic threats posed by China and those posed by climate change, through one action: investing in…
General Amir Ali Hajizadeh, Iran's Head of the Revolutionary Guard's aerospace division, looks at debris from a downed US drone reportedly recovered within Iran's territorial waters and put on display by the Revolutionary Guard in the capital Tehran on June 21, 2019.

Self-Defense in International Law: What Level of Evidence?

With the question of whether Iran's actions justify the use of force, the issue of evidence is once again at the forefront of international debate. So, how much evidence does a…
US Secretary of State Mike Pompeo arrives to announce the creation of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

An analysis of State Dept's major concession, whether the one stated exception is a loophole for military action, and what Congress should now do.
Acting U.S. Secretary of Defense Mark Esper arrives at the Pentagon in the morning of June 24, 2019 in Arlington, Virginia.

Acting or Not, the Play’s The Thing

Focusing on the number of acting officials may detract from an assessment of the real failures of the Trump administration’s policy process and oversight gaps.
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