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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4,596 Articles
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

Collecting Just Security’s Analysis of the Supreme Court’s Term

A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.

A Prudential Way Forward in Trump v. United States

"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."

Dept of Justice Promises to Declassify Standard Operating Procedure for Coordinating with Social Media Platforms

Department of Justice set to release declassified Standard Operating Procedure for coordinating with social media platforms on foreign malign influence and First Amendment.

Since James Foley’s Death, a `Moral Awakening’ in America on Hostages Held Abroad

August 19 will mark 10 years since our son, James W. Foley, an American freelance journalist, was publicly beheaded by ISIS to fuel the violent extremist group’s hate-filled…
Elbert P. Tuttle Courthouse - US Court of Appeals for the Eleventh Circuit

United States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel

An in-depth legal analysis on the fate of Special Counsel Jack Smith's prosecution of former President Donald Trump in the classified documents case and beyond.
The Peace Palace is seen with a blue sky behind it and a green lawn in front.

A Synopsis of ICJ Finding Israel’s Occupation of Palestinian Territory in Violation of International Law

Israel must end its occupation of Palestinian territory, the International Court of Justice said in an advisory opinion.

Robert Menendez Guilty: The Significance of the First ‘Foreign Agent’ Conviction of a U.S. Senator

Senator Robert Menendez (D-NJ) racked up 16 felony convictions on Tuesday, delivering a fatal blow to his three-decade long career in the U.S. Congress. Menendez signaled that…
Members of the House (Select) Intelligence Committee listen during a hearing at the Cannon Office Building on March 12, 2024 in Washington, DC. Leaders from the U.S. intelligence community are participating in hearings with both the Senate and House intelligence committees to lay out their perceived global threats to the United States.

Time for U.S. Intelligence to Ask: How Did We Alienate so Many Americans?

"Two years before the next round of debate over Section 702, an earlier, deeper, and more wide-ranging conversation needs to take place between the intelligence and civil liberties…
US Department of State building with sign in front

The State Department’s Civilian Harm Incident Response Guidance: How to Make a Good Thing Better

The State Department's Civilian Harm Incident Response Guidance process is a good start but changes can improve function and transparency.
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity

Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…

How ‘Economic Security’ is Re-shaping Presidential Power

Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.
The Alto Lee Adams Sr. United States Courthouse is shown. It is while building with palm trees in front and a blue sky in the background.

Judge Cannon Finds Special Counsel Unconstitutional in Trump Classified Documents Case: What’s Next for Jack Smith?

Judge Aileen Cannon found that Attorney General Merrick Garland had no power to appoint Jack Smith as a special counsel, dismissing the case.
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