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.
4,801 Articles
The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote
[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…
Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional
Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…
Thoughts on Zivotofsky, Part Three: The broad consensus on presidential and congressional foreign affairs authorities
The Justices were, of course, closely and sharply divided on the ultimate resolution of Zivotofsky (on which more shortly). One of the most striking things about the decision,…
Thoughts on Zivotofsky, Part Two: Whither Article III standing?
Why did Menachem Zivotofsky have Article III standing to sue? Will Baude raised that question a few weeks ago in the New York Times. In recent years the Court has insisted…
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…