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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Protesters stand together at the Miami International Airport against the executive order that President Donald Trump signed effectively banning travelers from seven predominantly Muslim countries. They carry signs. A few read, “Our grandkids will wonder why you stayed silent.” “You allow the KKK but say Muslims are too dangerous to stay.” “Muslim loud and proud! Cash me outside how bow dah, Trump.” And more. January 29, 2017 in Miami, Florida.

The Airport Cases: What Happened, and What’s Next?

Obviously, the story of the morning on Monday is going to be the rather tumultuous weekend that resulted from the Executive Order on immigration signed by President Trump late…

Do Public Protests Matter in a Democracy? The “outside strategy” as a signal of support to judges and bureaucrats

Opponents of President Donald trump mobilized record crowds to protest his anticipated policies – and the President and congressional Republicans largely ignored them.  One…

The Muslim Ban, Judicial Review, and the Supreme Court

There’s so much to say about the Executive Order on immigration issued on Friday by President Trump. Much of it has been said by Ben Wittes, in his fantastic post on “Malevolence…

We’ll See You in Court: Why Trump’s Executive Order on Refugees Violates the Establishment Clause

According to the Supreme Court, “the clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.” Larson v.…

Comparing: The Leaked Draft vs Final Executive Order Barring Citizens of 7 Muslim-Majority Nations and All Refugees

On Friday, President Donald J. Trump signed an executive order implementing new immigration policies, which he stated are designed to “keep radical Islamic terrorists out…

Reflections on the prejudice in the draft Exec Order’s vetting of “prejudice”

On ABC News Wednesday night, President Donald Trump once again said that people coming into the United States would be subjected to “extreme vetting.” I think his expected…

Trump’s “Safe Areas” in Syria — An Explainer on International Law

In an interview on Wednesday with ABC, President Donald Trump said he would “absolutely do safe zones in Syria.” The leaked draft of the Executive Order “Protecting the…

Norms Watch: Tracking the Erosion of Democratic Traditions (Jan. 20-27)

Don’t miss out. Starting today, we’re offering  Norms Watch as a weekly email from Just Security. Subscribe here. THE MEDIA This week, the Trump team continued to…
A map of Africa, southern Europe, and the MiddleEast. About 7 countries are highlighted.

Trump’s Immigration Policy Risks Violating International Law—alienates US allies

The Trump Administration may be in for a rude awakening. Even if its proposed immigration policies survive the coming constitutional challenges, the administration will have to…

UK Supreme Court allows claims to proceed against UK officials for complicity in CIA torture

Earlier this month, the UK Supreme Court unanimously ruled that claims against UK officials for complicity in torture, unlawful detention and rendition are not barred by State…

What Does it Mean to Designate the Muslim Brotherhood a Foreign Terrorist Organization?

According to reports, President Donald Trump may shortly issue an Executive Order directing the State Department to examine whether it should designate the Muslim Brotherhood as…

Understanding Complicity: When the US Makes a “Substantial Contribution” to War Crimes Committed by Foreign Partners

With power comes responsibility. In their new duties, Trump administration officials will need to consider the legal hazards associated with supporting foreign military partners…
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