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.
4,604 Articles
Keeping Track of Trump’s Conflicts of Interest [Updated Dec. 5]
Since the election, there has been a firehose of news: President-elect Donald Trump’s cabinet picks, rumors about Trump’s cabinet picks, a Neo-Nazi conference in Washington,…
Foreign Gov’t Assistance to Trump Administration Policies: What Int’l Law Prohibits
The policies of the incoming Trump Administration may spell legal trouble for cooperation between the United States and its allies in important areas of national security. One…
Questions for the Defense Department’s General Counsel
On Monday, Nov. 28 at 6 p.m., Jennifer O’Connor, general counsel of the Department of Defense, is giving a talk at NYU School of Law on “Applying the Law of Targeting to the…
Smith v. Obama: The Political Question Doctrine Misapplied
Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…
Businesslike Government, Presidential Power, and the Erosion of the Civil Service
Immediately after the election, I wrote about the administrative separation of powers, specifically about how the rivalrous and contentious interplay of politically appointed agency…
Human Rights in Armed Conflict, Part I
When powerful States adopt a mistaken view of international law, should we—scholars, practitioners, and activists—resist their view and insist on our own? Or should we regard…
10 Steps to Avoid Becoming a Tin Pot Kleptocracy (and safeguard our national security in the process)
The President-elect must make his tax returns public. The public at large will then know precisely the nature and form of his extensive business interests. The President-elect…
Why Trump’s Proposed Targeting of Muslims Would be Unconstitutional
As a candidate, Donald Trump notoriously called for a ban on the entrance of all Muslims, a database to track Muslims in the United States, for aggressive surveillance of “the…
Profiles of Trump’s National Security Picks: Flynn, Sessions and Pompeo
People make policy, so the saying goes. And on Friday, the Trump transition team unveiled three more names of men who would help President-elect Donald Trump make decisions, steer…
Will Trump Bring Back Torture? Not if He Learns from the Past and Follows the Law
Since Donald Trump’s election victory last week, attention has turned to figuring out which promises he will keep and which he will abandon. Regarding torture, there have been…
The Islamophobia Administration
POLITICO is reporting today that President-elect Donald Trump will likely nominate Senator Jeff Sessions (R-AL) for attorney general and Rep. Mike Pompeo (R-KS) to be director…
Twitter’s Reaction to Stephen Bannon’s Appointment as Trump’s Chief Strategist
As Rebecca Hamilton noted in her post on Monday, commentators from across the political spectrum have denounced President-elect Donald Trump’s decision to appoint Stephen…