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.

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4,623 Articles
Iran flag on metal wall. Conflict of atomic technology

Enhancing Nuclear Transparency in Iran Could Help Prevent a Wider War

Pursuing transparency measures now in Iran would help prevent the country's nuclear program from triggering a wider war.
Seen from an aerial view, immigrants walk along the U.S.-Mexico border wall

What Should Courts Do If a Future President Invokes the Alien Enemies Act to Deport Immigrants?

Congress can repeal the Alien Enemies Act to safeguard against Trump's threat to conduct mass deportations without hearings.

Membership in a Non-State Armed Group in the DoD Law of War Manual

A critical assessment of the U.S. DoD Law of War Manual's approach to membership status in non-State armed groups.
A Palestinian man inspects a damaged car

Israel, the United States, and the Fourth Geneva Convention

The United States must clearly articulate whether the Fourth Geneva Convention applies to territories occupied by Israel.

Expert Backgrounder: Federalizing the National Guard and Domestic Use of the Military

An expert explainer on when the President of the United States can 'federalize" the National Guard and deploy U.S. military forces domestically.
Digital generated image of html code over deep black background.

The ABA Urges Action Against Abusive Commercial Spyware, and Policymakers Should Listen

The leading association of American lawyers added its voice to the chorus of concern surrounding the proliferation of commercial spyware.
Aerial Top View Red Oil Ship Tanker Full Speed

Key Questions in U.S. Cyber Attack on “Iranian Spy Ship”

What was the nature of the operation? How is Iran likely to respond? What are the implications for conflict escalation, or de-escalation?
Men walk along a street ravaged by bombing

Here’s What You Need to Know About the Pentagon’s New Civilian Harm Policy

In December 2023, the Department of Defense (DOD) quietly released its Instruction on Civilian Harm Mitigation and Response (CHMR DOD-I), which was mandated by Section 936 of the…
Protesters burn tires as they block a road during demonstrations called by opposition parties in the Senegalese capital Dakar on Feb. 4, 2024, to protest the postponement of the presidential election. Protesters and police clashed, a day after President Macky Sall announced the indefinite postponement of the election. (Photo by JOHN WESSELS/AFP via Getty Images)

US Government’s $300 Million for West Africa — How to Make it Count

To turn the tide in democracies under stress, the US needs to balances near-term increases in stability with aid for democratic governance.
Screen shows votes cast by party members

Why and How the Senate Should Swiftly Dismiss the Impeachment Charges Against Mayorkas

"The articles are also facially and substantively defective in many other respects. Upon convening as a court of impeachment, the Senate should swiftly reject the articles as a…
Army Captain Ibrahim Traore, Burkina Faso's new president, arrives at a ceremony for the 35th anniversary of the assassination of revolutionary president Thomas Sankara, in Ouagadougou, on October 15, 2022. Traore had taken power in a coup two weeks earlier (Photo by OLYMPIA DE MAISMONT/AFP via Getty Images)

As Senate Considers New Ambassador to Burkina Faso, Human Rights Focus Would Strengthen US Policy

As government forces battle armed groups in Burkina Faso, civilians face daily abuses, even death, amid a range of violations of their security and their property. At least 6,201…
Sen. Chris Van Hollen (D-MD), talks to reporters with (L-R) Sen. Tina Smith (D-MN), Sen. Jeff Merkley (D-OR), Sen. Elizabeth Warren (D-MA), Sen. Tim Kaine (D-VA), Senate Minority Whip Richard Durbin (D-IL), Sen. Peter Welch (D-VT), Sen. Edward Markey (D-MA), Sen. Jon Ossoff (D-GA) and Sen. Mazie Hirono (D-HI)

Not Reassuring: NSM-20 and the Limits of Law-of-War Assurances in the Transfer of U.S. Arms

Analysis of how Biden's National Security Memorandum (NSM-20) may operate in regulating the transfer of U.S. arms amid concerns of international humanitarian law violations.
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