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
U.S. Special Forces kill ISIL leader, detain another, during capture operation in Syria [UPDATED]
Here’s the statement the Secretary of Defense issued this morning: Release No: NR-175-15 May 16, 2015 Statement by Secretary of Defense Ash Carter on Counter-ISIL Operation…
Congress Just Gave the President Power to Adopt a Binding Legal Agreement with Iran
With a veto-proof majority, Congress has now adopted the Iran Nuclear Agreement Review Act of 2015, which is purportedly designed to enforce Congress’ constitutional prerogatives.…
Tightening the National Security Ratchet
A ratchet is a device that employs mechanical impediments to allow movement in only one direction. As such, it is a useful metaphor for national security policy, where restrictive…
What ACLU v. Clapper Means
Many others have already weighed in about the significance of last week’s ruling in ACLU v. Clapper. Here are my own quick thoughts. As regular readers of this blog already know,…
How the Second Circuit’s Decision in Clapper Informs the Section 215 Discussion
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…
The Relationship Between Context and Proportionality: A Reply to Cohen and Shany
I am honored that Deans Amichai Cohen and Yuval Shany, both superb scholars that I hold in the highest regard, have responded to the Just Security post I wrote with my colleague…
Why not, Secretary Carter?
Al Qaeda in the Arabian Peninsula has announced that a U.S. drone strike recently killed one of AQAP’s senior commanders, Nasr Ibn Ali al-Ansi. This would, of course,…
Candidates, Senators, and Surveillance: The Stakes
In the wake of the US Court of Appeals for the Second Circuit ruling that the Patriot Act’s Section 215 metadata program is illegal, former Senator (and now presidential candidate)…
The Substance of the Second Circuit on 215: Four Key Takeaways
[Cross-posted at ACSblog] Yesterday the Second Circuit declared the NSA’s bulk telephone metadata program unlawful. Specifically, it ruled that it was unauthorized by section…
The Second Circuit and the Politics of Surveillance Reform
I have very little to add to Marty’s analysis of Judge Lynch’s opinion for a unanimous Second Circuit panel holding that the NSA’s bulk telephone metadata program…
New Poll: American Support for Drone Strikes Plummets When Innocent US Civilians Killed [Updated]
A 2009 US Air Force photo shows an armed MQ-9 Reaper drone taxiing in Kandahar, Afghanistan. US policymakers need to know the answer to a simple question about American attitudes…
[UPDATED with details and analysis] BREAKING: Second Circuit rules that Section 215 does not authorize telephony bulk collection program
[UPDATED] The opinion is here. Judge Sack’s concurring opinion is here. Because the court rules on statutory grounds, it does not reach the Fourth Amendment questions.…