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
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…
Democracy’s Failure
A year ago, President Obama gave a major counterterrorism speech in which he promised to “refine, and ultimately repeal” the 2001 AUMF. Yesterday, his administration announced…
The Coming Congressional “Authorization” to Use Force Against ISIL?
Many commentators and news outlets are focused on whether the White House will seek, or Congress will pass, authorization for the President to use military force against ISIL.…
The War Powers Clock(s) in Iraq
Jack Goldsmith has a very helpful post up on Lawfare, explaining that the President had issued three separate War Powers notifications to Congress over the past month with respect…
Whose Hype are You Going to Believe?: How Not to Evaluate the ISIL Threat to the U.S.
On Friday, Peter Bergen and David Sterman wrote an article for CNN Opinion entitled, “ISIS Threat to U.S. Mostly Hype.” (Bergen is also CNN’s national security analyst.)…