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
Ending the Forever War is (Still) in Reach–a.k.a. How I Read the Goldsmith-Koh Exchange
Last week, Harold Koh wrote another important intervention in his efforts to help steer the United States out of “the Forever War.” That objective is to take the country eventually…
Leon Panetta: Administration’s Reliance on 2001 AUMF to Fight ISIL is Flawed
Leon Panetta’s book, “Worthy Fights: A Memoir of Leadership in War and Peace,” was released on Tuesday. Panetta’s perspectives benefit from a career of service…
The Wrong (and Right) Lessons Re: Congressional Inaction on ISIL
Editors’ Note: The following post is the fifth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an…
Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 2 (Organizational Goals)
The key question we are asking in this (two-part) series of posts is whether Congress’ 2001 Authorization for Use of Military Force (AUMF) applies to ISIL. More precisely, we…
Bugs, Bounties, and Blowback
Last week news broke of a major software bug—now termed “Shellshock”—in open-source software used in Linux and UNIX operating systems. Security experts have warned that…
Sustaining the War Effort: Targeting Islamic State Oil Facilities
Much of the legal analysis about the United States and its coalition partners’ airstrikes in Syria to date has concentrated on whether such strikes are lawful. The commencement…
Here’s the New U.S.-Afghanistan Bilateral Security Agreement
After much confusion over which was the final security agreement (news organizations citing it had linked to a November 2013 “predecisional” version) I’ve just…
Constitutional “Cross-Ruffing”: My New Article
About a year ago, I wrote about the Second Circuit’s decision in the Ghailani case, in which, among other things, the Court of Appeals rejected a former Guantánamo detainee’s…
Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 1 (Organizational Structure)
The administration’s position that ISIL is a successor of al-Qaeda deserves serious consideration. We do so in this post, and show some serious flaws in this position. What hangs…
Security Agreement With Afghanistan Raises Key Questions About How and When War Ends
Today, the United States and Afghanistan signed a long-awaited bilateral security agreement. The U.S. government promised to withdraw combat troops by December, and to leave nearly…
War: What is it good for? 20 ISIL Questions for Congress
We still don’t know if Congress will even vote on providing new and specific authorization for a military campaign in Iraq and Syria. Thankfully, responsible members of Congress…
The Foreign Fighter Resolution: Implementing a Holistic Strategy to Defeat ISIL
United Nations Security Council Resolution 2178, adopted on September 24 after a debate involving dozens of world leaders, including United States President Barack Obama, is legally…