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
Highlights (and Concerns) for Senator Menendez’s Draft AUMF
Senator Bob Menendez, Chairman of the Senate Foreign Relations Committee, has circulated a draft authorization for the use of force (AUMF) against ISIL. Importantly, Sen. Menendez…
The Torture Convention & Appendix M of the Army Field Manual on Interrogations
We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will…
The 2015 National Defense Authorization Act: A Silver Lining for Guantanamo Detainees
Yesterday afternoon the House approved the Senate and House-agreed upon version of the National Defense Authorization Act for 2015, with two noteworthy consequences for Guantanamo…
How an ISIL-Specific AUMF Affects Interpretations of the 2001/2002 AUMFs
From the moment the United States began military operations against the Islamic State, questions have arisen about the domestic legal basis for the use of American force. The major…
Int’l Criminal Court’s Examination of U.S. Treatment of Detainees Takes Shape
On Tuesday, the Chief Prosecutor of the International Criminal Court announced, in the most explicit and detailed terms to date, that the U.S. treatment of detainees captured in…
The Senate Torture Report Should Name Victims
The Senate Intelligence Committee finally appears ready to release a redacted summary of its report on CIA torture and abuse of suspected terrorists. The release of this document…
Drone Courts: The Wrong Solution to the Wrong Problem
A new chapter by Professors Amos Guiora and Jeffrey Brand–“Establishment of a Drone Court: A Necessary Restraint on Executive Power“–has been receiving…
U.N. Committee Criticizes U.S. Record on Torture, Praises U.S. on Extraterritorial Reach of Treaty
On Friday, the United Nations Committee against Torture released its report (full text) on U.S. compliance with the Convention Against Torture. The Committee’s review included…
What is the Remedy for American Torture?
Asst. Sec. of State for Democracy, Human Rights, and Labor, Tom Malinowski stated to the UN Committee on Torture two weeks ago that: A little more than ten years ago, our government…
The Global Reach of the U.S. Position on Torture
The U.S. government’s public pronouncement that the Convention Against Torture (CAT) applies beyond U.S. borders and in situations of armed conflict—its unequivocal “yes”…
The US Needs a New International Strategy for Cyberspace
Editors’ Note: The following post is the latest installment of our weekly feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth…
Why the immigration initiative has nothing to do with assertions of executive constitutional power
My quick take here, dispelling some of the more common misunderstandings about the legal bases of the Executive’s new immigration policies.