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.
4,622 Articles
Public Support for Torture Based on Prejudice
The New York Times misreported its own meeting with the President-elect concerning his views on torture, and how much he has changed his mind. Here I want to focus on one aspect…
National Security-Related Congressional Hearings, November 28–December 2
Tuesday, November 29 9:30am – House Committee on Armed Services – Department of Defense Actions Concerning Voluntary Education Programs (here) 2:30pm – Senate Committee…
A Duty to Disobey?
The United States is in the midst of an uncertain era of complex global threats. Some have described the nation’s defense policy as one of “forever war.” During this…
KT McFarland’s Hardline on Russia with Nuance
On Friday, the President-elect named KT McFarland as Deputy National Security Advisor, a position that does not require Senate confirmation. In contrast with positions articulated…
The ACLU Goes to War
The Drone Memos collects important memoranda from the Justice Department, addresses by Barack Obama, John Brennan, Harold Koh, Eric Holder and others, executive orders and various…
The Next Four Years: A Thanksgiving Strategy
On this Thanksgiving Day, like many gathered around dining tables everywhere, I have so much to be thankful for personally: the most wonderful family and friends imaginable,…
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…