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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The Case Against Serving

Two of my friends, both of them principled and talented conservatives, told me they were approached by members of the Trump team about possible posts in the incoming administration.…
The outside of the Department of State Building in Washington, DC. Two people stand outside. A tree stands tall at the entrance.

Anticipating Trump: Should Government Lawyers Stay or Go?

[Editors’ note: This post is the latest in Just Security’s series on the ethical and legal dilemmas of serving in the Trump administration. On Friday, Jon Michaels wrote…
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Prof Adam Cox on What Trump’s Deportation of “Criminals” Might Really Mean

On this Sunday night’s 60 Minutes, President-elect Donald J. Trump tells CBS’ Lesley Stahl that he plans to focus first on deporting up to 3 million “criminal” immigrants.…
A lion tamer holding a pitch fork in one hand and a whip in the other makes a face at four lions standing on stools at Bertram Mills Touring Circus.

Let’s Be Careful Not to Box in President-Elect Trump—How to Build Exit Ramps

The ACLU has published a full-page open letter in the New York Times to President-elect Trump—a show of force of the significant legal power of the organization. Forgive that…

Administrative Checks and Balances in the Trump Administration

Raise your hand if you went to bed Tuesday thanking James Madison for the gift of separation of powers.  For years, scholars and pundits have resented that gift, railing against…
A map of the US with borders designating the 113th House districts.

Assessing Trump’s Mandate—A Sober Analysis

Both supporters and opponents of Trump’s campaign want to know what kind of mandate the election results mean for his Presidency and for questions about the political capital…

What are the Legal Issues Surrounding the Use of Depleted Uranium in Syria and Iraq?

Although it received little attention at the time, journalist Samuel Oakford broke the story last month that the Pentagon has confirmed using weapons containing depleted uranium…

National Security and the Trump Transition: An Agenda for Legal Analysts

This year’s election was always going to provoke a flurry of questions about the future of U.S. national security law and policy—from discussions about changes to substantive…
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Why I’m a Federal Courts Nerd (and You Should Be, Too)

In addition to the election, yesterday was also the first anniversary of the terribly untimely passing of my college mentor, Professor Nasser Hussain. And this past weekend, the…
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Atrocities Prevention Experts Report Released with Concrete Recommendations for the Next Administration

I have been honored to serve on a bipartisan Experts Committee on Preventing Mass Violence—convened by a coalition of human rights, religious, humanitarian, and peace organizations—for…
A journal paper on a desk. It reads, “International Law Studies; Published Since 1895; U.S. Naval War College; Partners and Legal Pitfalls; Brian Finucane; 92 Int’l Stud 407 (2016); Volume 92; 2016; Published by the Stockton Center for International Law”

Recommended Reading: Brian Finucane’s “Partners and Legal Pitfalls”

 Just Security editors occasionally select a noteworthy law review article, essay, or book on topics that may be relevant to our readers—especially if it intersects with national…
Journalists with cameras stand on one side of bike rack barrier taking photos and video.

Surveillance and Anti-Press Sentiment Heightens Concerns for Journalists Closer to Home

In 1999, Amartya Sen argued that the health of a country could be determined by examining the health of its press.  One metric of the fitness of a country’s press is the safety…
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