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.
4,757 Articles
America’s “Unequivocal Yes” to the Torture Ban
Last week in Geneva, the U.S. delegation appeared before the Committee Against Torture and announced important changes to the U.S. government’s legal position regarding the…
What the Cold War Can Teach Us About Containing ISIL
Editors’ Note: The following post is the latest installment of “Monday Reflections,” in which a different Just Security editor takes an in-depth look at the big stories…
Debunking the “Vichy France” Argument on Authorization to Use Force against Co-Belligerents
If Congress authorizes the President to wage war against an enemy (e.g., Al Qaeda), can the President also wage war against co-belligerents of that enemy (e.g., Al Qaeda of the…
Seeking Consensus on AUMFs
[Cross-posted at Lawfare] The three of us have coauthored an Op-Ed in Sunday’s Washington Post on the topic of congressional authorization for the use of force against ISIL and…
The core of Zivotofsky: of passports, property, commerce, recognition . . . and, ultimately, diplomacy
Seth Barrett Tillman is probably correct: Section 214(d) of the 2003 Foreign Relations Authorization Act–which requires the Secretary of State to record the place of birth…
The United States and the Torture Convention, Part I: Extraterritoriality
[Editor’s Note: Just Security is holding a “mini forum” on the change in the U.S. government’s position on the application of the Convention Against Torture beyond U.S.…
Sen. Kaine: Narrow the Scope of the 2001 AUMF
WASHINGTON — It’s no secret that Sen. Tim Kaine (D-Va.) doesn’t buy the White House’s claim that the 2001 authorization for the use of military force (AUMF) against al-Qaeda…
Principles to Guide Congressional Authorization of the Continued Use of Force Against ISIL—Clarification on Sunset Provision
On Monday, a group of eight legal experts, including some Just Security editors and some not, released a document entitled, “Principles to Guide Congressional Authorization…
U.S. Changes Position on Torture Convention–Accepts Ban on Cruelty Applies Abroad
At a session before the UN Committee Against Torture in Geneva this morning, the Obama administration made a significant shift away from the Bush-era interpretation of the Convention…
Avoiding Unnecessary Wars and Preserving Accountability: Principles for an ISIL-Specific AUMF
Earlier today, a group of legal experts–including Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Harold Koh, and Marty Lederman–released a set of “Principles…
Passing the Senate Gavels
Editors’ Note: The following post is the tenth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
Reauthorize the AUMF: Clever strategies to limit presidential power are constitutional, but unwise
Now that the Midterms elections are in the books, it should be possible to focus once again on an unresolved issue that has generated massive angst on both sides of the political…