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
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…
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.…
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…
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…
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…
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 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.
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…
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…
The Missing Piece in US-Iran Drone Dispute: Navigational Freedoms and the Strait of Hormuz
"Even if the drone flew only across 'international airspace,' significant legal questions arise as to whether its activities violated the rules for transit and what legal recourse…
Assange’s Indictment: A Threat to Everyone
Had the precedent of the Justice Department’s prosecution of Julian Assange existed in the past, there are numerous cases that could have resulted in a prosecution under the…