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

On N. Korea: Calling on Congress and the President’s Advisers to Defend the Constitution

For those of us who had hoped Defense Secretary Jim Mattis and Lt. Gen. H. R. McMaster, the president’s national security advisor, would make up for the inexperience and curb…

What’s at Stake for US Officials if Their Use of Force is an Int’l Crime of Aggression?

In an article at Just Security last week, Michael Adams expressed surprise at the lack of attention on these and other pages to the possibility that the U.S. Tomahawk strikes on…
Military justice image

U.S. Military Justice and “Operational Mishaps”: A Primer

As the tempo and intensity of United States military operations increases, the likelihood of operational mishaps increases as well. These mishaps – an anodyne term that cannot…
A world map showing Yemen and surrounding countries.

U.S.-Supported Government in Yemen Has Ties to Al-Qaeda

Defense secretary Jim Mattis has described Syria as “the most complex civil war probably raging on the planet at this time,” but Yemen is giving it a run for its money. In…
An aerial view of the destroyed Al-Jinah Mosque.

Making Sense of the Allegations that U.S. Military Struck a Mosque in Syria

There are now two very different competing pictures about whether the United States mistakenly struck a mosque in Syria on the night of March 16, 2017. On one view, based on  three…
Trump gives a thumbs up sign as he walks with son-in-law and senior advisor Jared Kushner.

Norms Watch: Tracking the Erosion of Democratic Traditions (Apr. 14-21)

Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

US Seeks New Assurances from Saudis on Civilian Casualties—but is that even possible?

The Trump administration is reportedly seeking a new set of assurances from Saudi Arabia that it will minimize civilian casualties in its air campaign in Yemen—but would those…

The Pragmatic Reasons For Strict Rules of Engagement

As a presidential candidate, Donald Trump voiced his support for deliberately targeting the families of terrorists. Fortunately, he has not adopted this policy as president. But…
U.S. Homeland Security Secretary John Kelly delivers his first public remarks since being appointed by President Donald Trump at the Jack Morton Auditorium on the campus of The George Washington University April 18, 2017 in Washington, DC.

Fear and Loathing at DHS: Kelly Resorts to Trump Administration Fear Tactics

Department of Homeland Security Secretary John Kelly delivered a speech Tuesday that was stunning for its indifference to facts, accountability, and democratic oversight. Kelly…

Unconstitutional Motives: When US Policies Are Motivated Only in Part by Religious Discrimination

Few would dispute that government actions motivated wholly by religion violate the Constitution’s Establishment Clause. The question becomes more complicated if the motives are…
An early-morning fog wraps around the White House December 14, 2006 in Washington, DC. People take photos from the sidewalk.

The Fog of War Powers

In the aftermath of President Trump’s strike on a Syrian airfield, commentators continue to debate the scope of presidential war powers under the Constitution.  Yet many of…

Robert S. Taylor: On the Syria Strikes and Future of Non-UN Humanitarian Action

Why did President Bashar al-Assad use sarin gas earlier this month after years of refraining? Was the U.S. response legal? How should international lawyers think about the future…
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