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
Australia’s collateral damage in the US drone program
In the last few years there has been a hotly contested global debate about the civilian impact of the U.S. drone strike program and its moral and legal justifications. Despite…
The National Security Implications of Pakistan’s Latest Political Crisis
Once again, Pakistan is suffering from a self-induced political crisis. For days, street protests led by opposition politicians Imran Khan and Tahir-ul-Qadri have paralyzed Islamabad…
Hope for Yemeni Detainees?
Over at Politico, Josh Gerstein reports that the Obama administration has broken its self-imposed suspension of transfers to Yemen and sent two long-term detainees from U.S. military…
The Administration’s Theory for How the 2001 AUMF Could Apply to ISIS
Senator Tim Kaine, in a statement on Monday, marked out the position that expanded military operations against ISIS are not covered by Congress’s 2001 authorization for use of…
Does the Administration consider the War Powers Resolution applicable in Iraq?
Some might think a recent report in the Washington Post provides significant information on the administration’s views on the applicability of the War Powers Resolution (WPR)…
Cert. petition in Ali accepts Justice Breyer’s invitation
As I posted back in April, Justice Breyer issued a statement respecting denial of certiorari in the case of Hussain v. Obama in which he more or less invited Guantánamo habeas…
Fast and Furious: Mixed Ruling in Oversight Committee v. Holder
This week, Judge Amy Berman Jackson issued an important opinion in Oversight Committee v. Holder, ongoing litigation in federal court in the District of Columbia. After the House…
Letter to the Editor: A Reply to David Golove on Iran
David Golove makes a compelling argument as to why a recent Senate bill – the Iran Nuclear Negotiations Act of 2014 – would have the “perverse” effect of strengthening…
Sen McCain: Iran pact “in every aspect, a treaty” requiring Senate consent–and his bill that says the opposite
In an excellent post on Wednesday, my colleague David Golove dives deep into the constitutional requirements for a nuclear agreement with Iran. David’s analysis suggests…
UN Disarmament Board: New proposals to improve drone strike transparency and accountability
A new report of the UN Secretary-General’s Advisory Board on Disarmament Matters (full text) contains a number of recommendations related to both autonomous weapons and current…
Ferguson is not Fallujah
The shooting of Michael Brown in Ferguson, Missouri, has sparked a long overdue discussion about the militarization of local police. The funds and equipment funneled to police…
James Foley and the Hostage Act
Some commentators have suggested that the newly disclosed special forces operation to rescue James Foley may have lacked congressional authorization, thereby further underscoring…