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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4,711 Articles
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.
People gather in in front of the U.S. Supreme Court as decisions are handed down on June 27, 2019 in Washington, DC. Demonstrators protest against adding a citizenship question to the census, and hold signs reading, “Count me in.”

Principle Over Pretext: The Supreme Court Isn’t Buying What Wilbur Ross Is Selling

In a ruling that has surprised many legal observers, the Supreme Court, in a 5-4 opinion by Chief Justice John Roberts, dealt the Trump administration a major setback to its efforts…
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Anticipating the President’s Way Around the War Powers Resolution on Iran: Lessons of the 1980s Tanker Wars

Former senior State Department lawyer, Todd Buchwald, who worked on war powers issues during the 1980s Tanker Wars involving U.S. military actions against Iran, explains how the…
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