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.
4,713 Articles
An Important New Filing in the Continuing Saga of Mohamedou Ould Slahi
This morning, lawyers for Guantánamo detainee Mohamedou Ould Slahi–the international best-selling author of “Guantánamo Diary”–filed a new motion in the…
No Torture Means No Torture – Why We Need the McCain-Feinstein Anti-Torture Amendment
Do we mean what we say when we ban torture? That has been a question for more than a decade, ever since President George W. Bush, on United Nations International Day in Support…
Thoughts on Zivotofsky, Part One: How groundbreaking is it?
There’s already been a great deal of valuable online analysis of Monday’s decision in Zivotofsky v. Kerry, and there’s sure to be much more to follow. The…
A New, and This Time Bipartisan, Proposal for an AUMF Against ISIL
As we highlighted last week, there has been recent movement in Congress to refocus on the need for an authorization for the use of military force (AUMF) against ISIL. Sen. Tim…
Will Assad Put Himself in US Crosshairs by Working With ISIL?
The news that Syrian troops are providing support to ISIL may add a dangerous new twist to the US campaign against the terrorist group and open up legal authority for the US to…
Supreme Court Sides with Executive Branch Over Jerusalem
Lots to say about this morning’s 6-3 decision in Zivotofsky v. Kerry, in which the Supreme Court struck down a provision of a 2002 Act of Congress that would have allowed U.S.…
The Senate’s Guantánamo Bill: A Wolf in Sheep’s Clothing
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…
A New Prospect for Congressional Debate on an AUMF Against ISIL?
This week has brought some interesting developments in Congress related to authorizations for the use of military force in the fight against ISIL. Most recently, Rep. James McGovern…
D.C. Circuit Rejects Birthright Citizenship for American Samoans
This morning, the D.C. Circuit decided Tuaua v. United States, a case I previewed here back in February that raises the question of whether American Samoans are entitled to…
Text of the Senate Bill for Closing Guantánamo Plus White House’s Veto Recommendation
This week, the full Senate is considering the proposed Fiscal Year 2016 Defense Authorization bill, the text of which was very recently made public. While the bill covers billions…
Chris Soghoian Q+A: The Next Chapter of Surveillance Reform
I recently conducted a wide-ranging Q+A with the ACLU’s chief technologist, Chris Soghoian, on a range of topics, from the “fraudulent” nature of the recent debate over Section…
The apparent end of the “gag orders” for GTMO detainees
Back in February, I explained that the protective orders in two Military Commissions cases had been amended to now permit the defendants and their counsel to speak publicly about…