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.
4,603 Articles
The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases
These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
A Legal Map of Airstrikes in Syria (Part 1)
Editor’s Note: This is the first post in a two-part series discussing the legal justifications various countries have put forth related to airstrikes in Syria. You can find…
The More Things Stay the Same: Another Week of Military Commission Hearings
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Cross-Border Data Requests: A Response to Greg Nojeim
Editor’s note: This post also appears on Lawfare. Last week on Lawfare, Greg Nojeim responded to — and raised a set of questions about — our proposed framework for dealing…
Texas and the Syrian Refugees
The Supreme Court will soon decide whether to take up United States v. Texas, a suit by 26 states challenging the deferred action program introduced by President Obama in November…
Add Women and Stir? Women in the Military
At a midday Press Conference in the Pentagon Briefing Room, Secretary of Defense Ash Carter unexpectedly announced that that the Pentagon will open all combat jobs to women. He…
An ISIL AUMF WTF?
Two weeks ago, the Washington Post ran a story by David Weigel about a draft Authorization for the Use of Military Force (AUMF) against ISIL being prepared by Senator Lindsey…
Targeting Tankers — and Their Drivers — Under the Law of War (Part 2)
Leaflets dropped 45 minutes before airstrikes targeting ISIL oil tankers. Image credit: US Defense Department Editor’s Note: This is the second in a two-part post discussing…
Targeting Tankers Under the Law of War (Part 1)
Editor’s Note: This is the first in a two-part post discussing how the law of war applies to airstrikes against oil tanker trucks. You can read Part Two here. On November…
Reflections from the en banc al Bahlul oral argument
The U.S. Court of Appeals for the D.C. Circuit, sitting en banc (absent Judge Srinivasan, who is recused) just finished hearing about 90 minutes of oral argument in the al Bahlul…
Abstention and the “Other” D.C. Circuit Military Commission Appeal
Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…
We Don’t Need to Broaden Military Commissions’ Jurisdiction
Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…