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
When Institutions Fail: A Thought Experiment
[Editors’ Note: The following post is the second installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a…
ISIS/ISIL remains associated with Al-Qaida because the UN Security Council says so?
There is considerable disagreement whether President Obama has acted unconstitutionally or unlawfully when proceeding to military action against ISIL/ISIS without new Congressional…
What’s the matter with the revised DoD Directive 2310.01E?
Both Steve and Gabor Rona have posted here in recent days with concerns about the newly promulgated Department of Defense Directive 2310.01E, on the “DoD Detainee Program.”…
The Posse Comitatus Act, Unlawful Surveillance, and the Exclusionary Rule
Most students of U.S. national security law are familiar with the Posse Comitatus Act (PCA) — an 1878 statute that subjects to criminal punishment anyone who, “except…
White House Relies on 2002 Iraq Authorization—But What’s the Theory?
The New York Times’ Charlie Savage reports that the White House is relying not only on the 2001 authorization to use military force (the Sept 11th AUMF) but also the 2002 authorization…
A Response to Bruce Ackerman’s NYT Op-Ed on the President’s War Powers
Bruce Ackerman’s Op-Ed in the New York Times today is an interesting read. In it, he makes some impassioned arguments against the President’s legal justifications for the…
Does the Unwilling/Unable Test Hang on Territorial Control?: A Response to Michael Lewis
Professor Yoram Dinstein has characterized war as something that would “appear every once in a while, leave death and devastation in its wake, and temporarily pass away to return…
International Law – and the Unwilling and Unable Test – for US Military Operations in Syria
I greatly appreciate Professor Mike Lewis’s contribution to our discussion of international law on potential US airstrikes inside Syria. In this post, I reply to Mike’s concerns…
The Erosion of a Secret
Drone Timeline (Click to Enlarge) In connection with an ACLU Freedom of Information Act lawsuit pending before the U.S. District Court for the District of Columbia, the CIA has…
What Does the “Unwilling or Unable” Standard Mean in the Context of Syria?
[Editor’s note: Ryan Goodman responds to Professor Lewis in a subsequent post. See also a response by Jonathan Horowitz] President Obama has now announced his intentions to carry…
The Bells of September
This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…
Tentative first reactions to the 2001 AUMF theory [updated]
As I understand it, the Administration’s legal theory, as articulated by a senior official last evening, is something like the following: In 2004, ISIL (then known as al…