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
The case for the President’s unilateral authority to conclude the impending Iran deal is easy because it will (likely) be a nonbinding agreement under international law
[Cross-posted at Lawfare.] In Marty’s post yesterday about the letter that 47 Senators sent to “the Leaders of the Islamic Republic of Iran,” he briefly addressed…
The Cotton letter . . . and the Vice President’s response
I was thinking of offering a few thoughts on the growing contretemps regarding the letter to “the Leaders of the Islamic Republic of Iran” penned by Senator Cotton…
Legal Flaws in the 47 Senators’ Letter to Iran
Since John Marshall stated in Congress in 1800 that the President is the sole representative of the United States “with foreign nations,” it has been widely understood…
Microsoft Case: The Government Responds, But Fails to Convince
The government has now filed its Second Circuit brief in the dispute with Microsoft (discussed here, here, and here), challenging key assertions by Microsoft and its many amici,…
Beyond Drones: The Next-Generation of Autonomous Weapons Cannot be Developed in Secrecy
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…
Case To Watch: Microsoft v. US on the Extraterritorial Reach of the Electronic Communications Privacy Act
On Monday, the government will be filing its brief in its case against Microsoft regarding the reach of the government’s warrant authority under the Electronic Communications…
Cybersecurity in the Intelligence Community’s 2015 Worldwide Threat Assessment
Last week Director of National Intelligence James Clapper released the 2015 Worldwide Threat Assessment of the US Intelligence Community and testified about it before the Senate…
Women We Want to See at This Year’s Aspen Security Forum
The Aspen Security Forum (ASF), the annual alpine conclave of the West’s national security elite, has become known as one of the foremost venues for shaping the dialogue on national…
The Backroom: An Inside Account of UN Sec-General’s Statement on US War in Syria
President Barack Obama and UN Secretary General Ban Ki-moon. Image credit: White House/Pete Souza Several posts at Just Security have focused on international legal questions raised…
“New Torture Files”: Declassified Memos Detail Roles of Bush White House and DOJ Officials Who Conspired to Approve Torture
An alleged CIA prison near Kabul, Afghanistan. Image credit: Trevor Paglen via Wikimedia Commons. Last week, I wrote, both here and in the New York Times, that after reading all…
The Intellectual—But Not Political—AUMF Consensus
[Cross-posted at Lawfare] A real consensus is developing on the contours of an appropriate AUMF—at least among academics and other commentators. It wasn’t always this way.…
Sunset and Supersede: Striking the Right Balance in the AUMF against ISIL
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…