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.

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Does the Administration consider the War Powers Resolution applicable in Iraq?

Some might think a recent report in the Washington Post provides significant information on the administration’s views on the applicability of the War Powers Resolution (WPR)…
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Cert. petition in Ali accepts Justice Breyer’s invitation

As I posted back in April, Justice Breyer issued a statement respecting denial of certiorari in the case of Hussain v. Obama in which he more or less invited Guantánamo habeas…
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Fast and Furious: Mixed Ruling in Oversight Committee v. Holder

This week, Judge Amy Berman Jackson issued an important opinion in Oversight Committee v. Holder, ongoing litigation in federal court in the District of Columbia. After the House…
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Letter to the Editor: A Reply to David Golove on Iran

David Golove makes a compelling argument as to why a recent Senate bill – the Iran Nuclear Negotiations Act of 2014 – would have the “perverse” effect of strengthening…
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Sen McCain: Iran pact “in every aspect, a treaty” requiring Senate consent–and his bill that says the opposite

In an excellent post on Wednesday, my colleague David Golove dives deep into the constitutional requirements for a nuclear agreement with Iran. David’s analysis suggests…
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UN Disarmament Board: New proposals to improve drone strike transparency and accountability

A new report of the UN Secretary-General’s Advisory Board on Disarmament Matters (full text) contains a number of recommendations related to both autonomous weapons and current…
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Ferguson is not Fallujah

The shooting of Michael Brown in Ferguson, Missouri, has sparked a long overdue discussion about the militarization of local police. The funds and equipment funneled to police…
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James Foley and the Hostage Act

Some commentators have suggested that the newly disclosed special forces operation to rescue James Foley may have lacked congressional authorization, thereby further underscoring…
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How Deep is U.S. Public Support for Airstrikes in Iraq?

A recent poll by the Pew Research Center/USA TODAY is being described by commentators as revealing a high level of US public support for airstrikes in Iraq. But how much comfort…
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Presidential Authority to Conclude an Iran Nuclear Agreement—and the Senate’s Self-Defeating Bill

The prospect of a successful conclusion to the ongoing negotiations with Iran over a nuclear deal promises to generate a debate over fundamental constitutional questions about…
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ODNI’s Civil Liberties Protection Officer Sets Forth Defense of 12333 Surveillance

Earlier this month, New York Times reporter Charlie Savage covered public criticisms made by John Napier Tye, a departing State Department official, of the NSA’s collection…
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Did the U.S. drone strike and secretly compensate Yemeni civilians?

New documentary evidence has emerged indicating that the families of those killed in a controversial December 2013 U.S. strike in Yemen received upwards of $1 million dollars in…
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