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.
4,597 Articles
Biden Can, But Shouldn’t, Federalize the Texas National Guard
Invocation of the Insurrection Act in response to Texas' obstruction of CBP agents at the U.S.-Mexico border would be inappropriate.
Protected Persons and the ‘Geographic Nexus’ Requirement in the DoD Law of War Manual
A critical assessment of how the Department of Defense Law of War Manual narrowly defines "protected persons" under the Geneva Conventions.
The Just Security Podcast: How Should the World Regulate Artificial Intelligence?
While States face a common problem in regulating AI, approaches differ and prospects for global cooperation appear limited.
The Biden Administration Must Use Civil Rights Enforcement to Push Back Against Texas’s Racist Invocation of Invasion
Texas Governor Greg Abbott's invocation of "invasion" is based in the white supremacist "great replacement" conspiracy theory.
The Facts About Electronic Surveillance Reform
"It is my hope that, with section 702’s expiration date now extended to April 2024, members of Congress and the administration can engage in substantive discussions, identify…
Planning Ahead: How the US May Recover Its Diplomatic Standing at the UN After the Gaza War
Amid the tensions, the Biden administration can try to win back some goodwill with careful steps to bolster a fragile multilateral system.
Immigration Is Not an “Invasion” under the Constitution
The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.
Why the ICJ Ruling Misses the Mark: Mitigating Civilian Harm With An Enemy Engaged in Human Shielding
Former CENTCOM Commander General (ret.) Joseph Votel and Professor Claire Finkelstein critically analyze South Africa's positions before the International Court of Justice in…
Shaming without Naming: The Limits of Anonymous U.S. Visa Sanctions for Accountability
The Biden administration needs to use visa sanctions more transparently if they are to have a serious political impact.
Congress Must Strengthen Oversight on Intelligence Sharing and Civilian Harm
Congress must do more to track how intelligence sharing with allies and partners contributes to civilian harm.
The Democratic Price of Countering Authoritarianism
The US need to contend with China and Russia may obscure the accumulation of risk from many individual tradeoffs.
Why Fani Willis Is Not Disqualified Under Georgia Law
Analysis of Georgia law on disqualifying prosecutors.